Patna High Court
Ashik HussainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The court granted the petitioner liberty to challenge the order and disposed of the contempt petition.
Summary
The petitioner, Ashik Hussain, filed a contempt petition seeking liberty to challenge an order dated 01‑03‑2023 issued by the Circle Officer, Sidhawalia, in Encroachment Case No.22/2022‑23. The challenged order was issued in compliance with a prior judgment of this Court dated 22‑10‑2019 in CWJC No.18097 of 2018. The petitioner alleged that the order was manufactured and procured and therefore sought permission to contest it using appropriate legal remedies. The learned counsel for the petitioner argued that the liberty to challenge the order should be granted. Justice Mohit Kumar Shah granted the requested liberty and consequently disposed of the contempt petition. The disposition effectively dismissed the contempt proceedings while allowing the petitioner to pursue the challenge against the encroachment order.
Issues considered
- Whether the petitioner is entitled to liberty to challenge the order dated 01‑03‑2023 issued by the Circle Officer.
- Whether the contempt petition filed by the petitioner should be dismissed.
Subjects
- contempt
- liberty to challenge
- encroachment
- civil writ jurisdiction
- high court order
- petition dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.208 of 2023
In
Civil Writ Jurisdiction Case No.18097 of 2018
======================================================
Ashik Hussain (M), S/o Md. Abdullah, R/o Village Kashi Tengrahi, P.S.
Sidhwalia, District Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Dr. Nawal Kishore Choudhary the District
Magistrate, Gopalganj.
2. Sri Sunil Kumar the Deputy Collector, Land Reforms, Gopalganj.
3. Sri Umesh Narayan Parbat the Circle Officer, Sidhawalia, Gopalganj.
4. Sri Dhananjay Kumar the S.H.O. Sidhawalia (at present) Gopalganj (Old
Baikunthpur).
5. Md. Anwarullah S/o Gaffar Sai, R/o Village Kashi Tengarahi, P.S.
Mohamedpur (Earlier Baikunthpur) District Gopalganj.
6. Wajid Ali S/o Md Anwarullah, R/o Village Kashi Tengarahi, P.S.
Mohamedpur (Earlier Baikunthpur) District Gopalganj.
7. Wahid Ali S/o Md Anwarullah, R/o Village Kashi Tengarahi, P.S.
Mohamedpur (Earlier Baikunthpur) District Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Veerendra Narayan, Advocate
For the State : Mr. Surekha Kumari, AC to GP 18
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
7 10-04-2026 At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the order
dated 01.03.2023 passed by the Circle Officer, Sidhawalia,
Gopalganj in Encroachment Case No.22/2022-23 which has
been passed in compliance of the order of this Court dated
22.10.2019 passed in CWJC No.18097 of 2018, which
according to the petitioner is manufactured and procured order,
Patna High Court MJC No.208 of 2023(7) dt.10-04-2026
2/2
by availing such remedies as are otherwise available under the
law. Liberty, so sought, is granted.
2. Accordingly, present contempt petition stands
disposed of.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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