Patna High Court

Dinesh Mohan JhaversusThe Union of India through Sri Sanket S. Bhondve

Decided: 6 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted the petitioner liberty to make the complaint before the writ court.

Summary

The petitioner, Dinesh Mohan Jha, filed a civil writ petition (CWJC No.13483 of 2019) that remained pending before the Patna High Court. He sought liberty to lodge a complaint before the same writ court concerning an alleged violation of an earlier order dated 5 July 2019. The petitioner’s counsel argued that such liberty was necessary to protect his rights while the main petition was under consideration. The Court, after hearing counsel, granted the requested liberty, allowing the petitioner to make the complaint. Consequently, the Court disposed of the writ petition as the relief sought was granted.

Issues considered

Whether the petitioner can be granted liberty to make a complaint before the writ court while the original writ petition is pending

Subjects

civil writ jurisdiction
liberty to file complaint
pending petition
Patna High Court
order violation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.1984 of 2022
                                                      In
                              Civil Writ Jurisdiction Case No.13483 of 2019
                 ======================================================
                 Dinesh Mohan Jha Son of Krishna Mohan Jha Resident of Ward No.4,
                 Bhadreshwar, Badhesar, P.S. Jogbani, District-Araria.

                                                                           ... ... Petitioner/s
                                                    Versus

           1.    The Union of India through Sri Sanket S. Bhondve Principal Secretary,
                 Ministry of Road Transport and National Highway, Government of India,
                 New Delhi.
           2.    Smt. Alka Upadhyay, the Chairman, National Highway Authority of India,
                 Sector 56/57, Dwarika, New Delhi.
           3.    The State of Bihar, through Sri Amir Subhani, Chief Secretary, Government
                 of Bihar, Patna.
           4.    Sri Sushil Kumar, Director, Land Acquisition Department, Bihar, Patna.
           5.    Smt. Inayat Khan, District Magistrate, Araria.
           6.    Sri A.N. Singh, Project Director, National Highway Authority of India, NH-
                 57A. Purnea.
           7.    Sri Mukesh Kumar Mukul, District Land Acquisition Officer-Cum-
                 Competent Authority, District- Araria, Bihar.
           8.    M/s J.K.M. Infrastructure Private Limited, through Sri Ashish Tiwari, its
                 Project Manager, having its Local Office at Bathana, Badhreshwar, P.S.
                 Jogbani, District- Araria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :    Mr. Navnit Kumar, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   06-02-2026                    The learned counsel for the petitioner submits that

                   the writ petition bearing CWJC No.13483 of 2019 is still

                   pending consideration, hence the petitioner be granted liberty to

                   make a complain before the writ court in seisin of the matter

                   with regard to violation of the order dated 05.07.2019. Liberty
            Patna High Court MJC No.1984 of 2022(3) dt.06-02-2026
                                                        2/2




                      so sought is granted.

                                   2. Accordingly, the petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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