Patna High Court
Shekh Shamshad Ali @ Sheikh Aamshad AliversusThe State of Bihar through Mr. Brijesh Mehrotra, the Principal Secretary
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
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
Checking your session…