Patna High Court

Tribhuwan Prasad SharmaversusThe state of Bihar

Decided: 11 March 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted liberty to the petitioner to intervene in the pending writ petition and to file a fresh contempt petition if the writ is dismissed.

Summary

The petitioner, Tribhuwan Prasad Sharma, filed a petition before the Patna High Court seeking relief concerning an alleged encroachment by Satish Kumar Verma. The opposite parties, including the State of Bihar and several officials, argued that the encroacher had already filed a writ petition (CWJC No.15261 of 2023) which was pending adjudication, and therefore the present petition should not proceed. The petitioner requested liberty to intervene in that pending writ petition and, if it were dismissed, to file a fresh contempt petition. The Court, after considering the submissions, granted the requested liberty to intervene and to file a contempt petition if necessary. Consequently, the Court disposed of the present petition without further orders.

Issues considered

Whether the petitioner may be permitted to intervene in a pending writ petition filed by the encroacher
Whether the petitioner may be granted liberty to file a fresh contempt petition if the pending writ is dismissed

Subjects

intervention
writ petition
contempt
pending litigation
high court
civil writ jurisdiction
encroachment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.2078 of 2024
                                          In
                    Civil Writ Jurisdiction Case No.3929 of 2023
     ======================================================
     Tribhuwan Prasad Sharma S/o- Late Ram Charitra Singh, R/o- Village-
     Deodaha, P.S.- Dhanarua, District- Patna.

                                                                 ... ... Petitioner/s
                                      Versus

1.   The State of Bihar
2.   Kumar Ravi, S/o- Not Known to the petitioner, The Divisional
     Commissioner, Patna Division at Patna
3.   Shirsasth Kapil Ashok, S/o.- Not known to the petitioner, The Collector,
     Patna, District-Patna.
4.   Manoj Kumar S/o.- Not known to the petitioner, the Dy. Development
     Commissioner, Patna.
5.   Rajiv Mishra S/o- Not Known to the petitioner, The Senior Superintendent
     of Police Patna, District- Patna.
6.   Amit Kumar Patel, S/o.- Not known to the petitioner, The Sub divisional
     Officer, Masaurhi, District- Patna.
7.   Seema Kumari, D/O.- Not known to the petitioner, the Block Development
     Officer, Dhanarua, District- Patna
8.   Shweta Kumari, D/O.- Not known to the petitioner, The Circle Officer,
     Dhanarua, District- Patna.
9.   Lalit Bijay, S/O.- Not known to the petitioner, The Station House Officer
     Dhanarua, District -Patna.
10. Shanti Devi, D/O.- Not known to the petitioner, Mukhiya, Gram panchayat
    Raj Deodaha, P.S. - Dhanarua, District-Patna.
11. Satish Kumar Verma, S/O.- Late Chamari Prasad, Resident of Village-
    Deodaha, P.S.- Dhanarua, District -Patna.
12. Jai Prakash Narain, S/o.- Late Chamari Prasad, Village- Deodaha, P.S.-
    Dhanarua, District- Patna.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr.Ujjawal Bhushan, Advocate
     For the Opposite Party/s :   Mr.Government Pleader 18
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                           ORAL ORDER
            Patna High Court MJC No.2078 of 2024(6) dt.11-03-2026
                                                        2/2




6    11-03-2026                    At the outset, the learned counsel for the opposite

                      party has pointed out that the encroacher in question, i.e. Satish

                      Kumar Verma has filed a writ petition bearing CWJC No.15261

                      of 2023, which is pending adjudication, hence the Court may

                      restrain its hand in the present petition.

                                   2. In view of the aforesaid, the learned counsel for the

                      petitioner seeks liberty on behalf of the petitioner to intervene in

                      the aforesaid writ petition bearing CWJC No.15261 of 2023,

                      however submits that liberty be reserved to the petitioner to file

                      a fresh contempt petition in case the aforesaid writ petition is

                      dismissed. Liberty so sought is granted.

                                   3. Accordingly, the present petition stands disposed

                      off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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Ujjawal Bhushan