Patna High Court

Manoj Kumar UpadhyayversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted the petitioner liberty to approach the authorities for removal of the hand pump and disposed of the contempt petition.

Summary

Manoj Kumar Upadhyay filed a contempt petition before the Patna High Court against the State of Bihar and several district officials, alleging that encroachments on his property had not been fully removed. The petitioner contended that while most encroachments were cleared, a hand pump remained in place, causing continued grievance. The learned counsel argued that the petitioner should be granted liberty to approach the concerned authorities for the removal of the remaining hand pump. The Court examined whether such liberty could be granted and whether the contempt petition should proceed. It granted the petitioner liberty to approach the authorities for removal of the hand pump and consequently disposed of the contempt petition.

Issues considered

Whether the petitioner is entitled to liberty to approach the authorities for removal of the remaining hand pump.
Whether the contempt petition should be dismissed.

Subjects

contempt petition
encroachment
public utility removal
liberty to approach authorities
civil writ jurisdiction
Bihar

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.180 of 2023
                                                        In
                                 Civil Writ Jurisdiction Case No.20713 of 2021
                  ======================================================
                  Manoj Kumar Upadhyay Son of - Late Lakshman Upadhyay Resident of-
                  Ward No.-2, Village- Amghatta Bhagwatipur, Shanti Nagar Mohalla, P.S. and
                  District- Sitamarhi, (Bihar)-843302.
                                                                            ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar through Mr. Brijesh Mehrotra, Principal Secretary,
                   Revenue Department, Patna, Bihar.
            2.    Mr. Manesh Kumar Meena, The District Magistrate-cum-Collector,
                  Sitamarhi, Bihar.
            3.    Mr. Manish Kumar Sharma, The Additional District Magistrate-cum-
                  Additional Collector, Sitamarhi, Bihar.
            4.    Mr. Rakesh Kumar, Sub-Divisional Magistrate, Sadar, Sitamarhi.
            5.     Mr. Chandrajeet Prasad, The Circle Officer, Dumara, Sitamarhi.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Anuj Kumar, Adv.
                  For the Opposite Party/s :       Mr.Rishi Raj Sinha (Sc19)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER
5    16-01-2026             The learned counsel for the petitioner has, at the outset,

                    fairly submitted that though all the encroachment in question

                    has stood removed, however one hand pump has been left, thus

                    the petitioner be granted liberty to approach the opposite

                    parties-authorities for removal of the same. Liberty, so sought, is

                    granted.

                    2.      Accordingly, the present contempt petition stands

                    disposed off.


                                               (Mohit Kumar Shah, J)
Ajay/-
U

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