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Patna High Court

Shekh Shamshad Ali @ Sheikh Aamshad AliversusThe State of Bihar through Mr. Brijesh Mehrotra, the Principal Secretary

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to approach the authorities and disposed of the contempt petition.

Summary

The petitioner, Shekh Shamshad Ali, filed a contempt petition seeking liberty to raise his grievances before the State authorities and the trial court, noting that no positive direction had been issued in a prior writ order dated 06‑09‑2022 and that a title suit and a Jamabandi cancellation appeal were pending. The issue before the Patna High Court was whether the petitioner could be permitted to approach the authorities despite the pendency of related suits and appeals. The learned counsel argued that the lack of a definitive order left the petitioner without recourse, and the court considered the principle that a party may seek redress from administrative authorities when judicial directions are absent. The court held that granting such liberty would not prejudice the pending proceedings and would enable the petitioner to protect his interests. Consequently, the court granted the requested liberty and disposed of the contempt petition. The order effectively allows the petitioner to agitate his grievances before the relevant authorities while the other matters remain pending.

Issues considered

  • Whether the petitioner is entitled to liberty to approach the State authorities and trial court despite pending title suit and Jamabandi cancellation appeal.
  • Whether the contempt petition should be dismissed on the basis of lack of positive judicial direction.

Subjects

  • Contempt of Court
  • Liberty to approach authorities
  • Pending title suit
  • Jamabandi cancellation appeal
  • Civil Writ Jurisdiction
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.165 of 2024
                                                   In
                             Civil Writ Jurisdiction Case No.20442 of 2018
                 ======================================================
                 Shekh Shamshad Ali @ Sheikh Aamshad Ali Son of Shekh Mokhtar, Resident
                 of village- Lakri Makariyar, Hasua, P.S. - Siwan Muffasil (Dhanauti O.P.),
                 District- Siwan.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Mr. Brijesh Mehrotra, the Principal Secretary
                 Revenue and Land Reforms Department, Govt. of Bihar, Patna.
           2.    Mr. Mukul Kumar Gupta, the District Magistrate, Siwan.
           3.    Mr. Sunil Kumar, the Sub Divisional Officer, Siwan.
           4.    Mr. Gyan Prakash Srivastava, the Circle Officer, Siwan Sadar Circle,
                 District - Siwan.
           5.    Saukat Ali, Son of Islam Mian, Resident of village - Lakri Makariyar,
                 Hasua, Police Station - Siwan Muffasil (Dhanauti O.P.), District - Siwan.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :    Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :    Standing Counsel 19

                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   17-04-2026                  The learned counsel for the petitioner, realising the

                   fact that no positive direction has been issued by this Court vide

                   order dated 06.09.2022 passed in CWJC No. 20442 of 2018 as

                   also in view of the fact that a Title Suit is pending pertaining to

                   the land in question apart from one Jamabandi Cancellation

                   Appeal being pending before the respondent authorities, seeks

                   liberty on behalf of the petitioner to agitate his grievances
          Patna High Court MJC No.165 of 2024(3) dt.17-04-2026
                                                      2/2




                    before the authorities/learned Trial Court. Liberty, so sought, is

                    granted.

                                 2. Accordingly, the present contempt petition stands

                    disposed of.


                                            (Mohit Kumar Shah, J)

GAURAV S./-
U


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