Patna High Court
Sanjay KumarversusThe State of Bihar through Mr. Anand Kishore, The Principal Secretary, Department of Urban
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The contempt petition is disposed, but the petitioner is granted liberty to revive it if the related writ petition is dismissed.
Summary
The petitioner, Sanjay Kumar, sought to intervene in a writ petition (CWJC No. 14501 of 2022) filed by an encroacher, Mithilesh Kumar, which had resulted in a status‑quo order. The petitioner further requested that, should the writ petition be dismissed, he be allowed to revive the present contempt petition. The Court noted the existing status‑quo orders and the procedural posture of the writ petition. It disposed of the contempt petition but granted the petitioner liberty to revive it if the writ petition is ultimately dismissed. Thus, the contempt proceedings were stayed pending the outcome of the related writ case.
Issues considered
- Whether the contempt petition can be dismissed pending the decision on the related writ petition
- Whether the petitioner can be granted liberty to revive the contempt petition if the writ petition is dismissed
Subjects
- contempt
- writ petition
- status quo
- encroachment
- revival of petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2725 of 2024
In
Civil Writ Jurisdiction Case No.11837 of 2018
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Sanjay Kumar (M), son of Sri Birendra Sharma, resident of Village- Khaira
Bazar, Police Station- Kinjar, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Anand Kishore, The Principal Secretary,
Department of Urban Government of Bihar, Patna.
2. Mr. Richi Pandey, District Magistrate, Jehanabad.
3. Mr. Manoj Kumar, Sub Divisional Officer, Jehanabad.
4. Mr. Sanjay Kumar Ambast, Anchal Adhikari, Jehanabad.
5. Mr. Nikhil Kumar, Officer in Charge, Nagar Police Station, Jehanabad.
6. Pushpa Devi daughter of Sri Suresh Sharma, resident of Mohalla/ Village-
Guljana, Post Office- Guljana, Police Station- Belaganj, District- Gaya, At
present address- C/o Sri Nawal Sharma, resident of Mohalla- Sohasa, Police
Station- Mhandiya, District- Arwal.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Standing Counsel 9
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
2 03-04-2026 Admittedly, the encroacher namely Mithilesh Kumar
alias Mithilesh Sharma has filed a writ petition bearing CWJC
No. 14501 of 2022 and a Co-ordinate Bench of this Court vide
order dated 14.10.2022 has directed to maintain status quo qua
the land/house of the said writ petitioner, hence it is submitted
by the learned counsel for the opposite parties that the Circle
Officer, Jehanabad by an order dated 28.10.2022, passed in
Encroachment Case No. 25 of 19-20 has directed to maintain
Patna High Court MJC No.2725 of 2024(2) dt.03-04-2026
2/2
status quo.
2. In view of the aforesaid, the learned counsel for the
petitioner seeks to intervene in the said writ petition bearing
CWJC No. 14501 of 2022, however submits that in case the
aforesaid writ petition is dismissed, the petitioner be granted
liberty to revive the present contempt petition.
3. Accordingly, the present contempt petition stands
disposed of, however with liberty to the petitioner to revive the
present contempt petition in case the aforesaid writ petition
bearing CWJC No. 14501 of 2022 is dismissed.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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