Patna High Court
Sanjeev Kamal Choudhary @ Sanjeev ChoudharyversusShree Brajesh Kumar Mahrotra,
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The contempt petition is disposed of, with liberty granted to the petitioner to file an interlocutory application for its revival if the related writ petition is dismissed.
Summary
The petitioner, Sanjeev Choudhary, filed a contempt petition against several officials of the Bihar Land Reforms and Revenue Department concerning an alleged encroachment. The encroacher had simultaneously filed a writ petition (CWJC No.1294 of 2026) in the same court. On 8 April 2026, the court ordered a status‑quo to preserve the existing situation pending the writ petition. The petitioner’s counsel argued that the contempt petition should be disposed, granting liberty to revive it if the writ petition is eventually dismissed. The court agreed, disposing of the contempt petition while allowing the petitioner to file an interlocutory application for revival should the writ petition be dismissed. The order was pronounced by Justice Mohit Kumar Shah on 24 April 2026.
Issues considered
- Whether a contempt petition should be dismissed when a related writ petition is pending and a status‑quo order is in place
- Whether the petitioner should be granted liberty to seek revival of the contempt petition if the writ petition is dismissed
Subjects
- contempt petition
- writ petition
- status quo
- land encroachment
- interlocutory application
- revival of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2849 of 2023
In
Civil Writ Jurisdiction Case No.8241 of 2023
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Sanjeev Kamal Choudhary @ Sanjeev Choudhary Son of Kamal Choudhary,
Resident of Village- Pokhram, Police Station- Biraul, District-Darbhanga
Presently residing at Flat No. C/503, Anand Residency, Plot No. CC4, Survey
No. 20/2, Near-City Pride Theatre, P.S.-Pune City, District- Pune
(Maharashtra).
... ... Petitioner/s
Versus
1. Shree Brajesh Kumar Mahrotra, The State of Bihar, Principal Secretary Land
Reforms and Revenue Department, Bihar, Patna.
2. Mr. Jai Singh, the Secretary, Land Reforms and Revenue Department, Bihar,
Patna.
3. Dr. Manish Kumar, the Divisional Commissioner, Darbhanga.
4. Mr. Rajeev Roshan, the District Magistrate, Darbhanga.
5. Mr. Awakash Kumar, the Senior Superintendent of Police, Darbhanga.
6. Mr. Mobin Ali Ansari, the Deputy Collector Land Reforms, Biraul,
Darbhanga.
7. Md. Safiq, The Sub-Divisional Officer, Biraur.
8. Mr. Arun Kumar Sexna, the Circle Officer, Biraul Block, Darbhanga.
9. Mr. Satya Narayan Sarang, the Officer In-charge of Biraul Police Station,
Darbhanga.
10. Anil Choudhary, Son of Kamlesh Choudhary, Resident of Village-Pokhram,
Police Station-Biraul, District-Darbhanga.
11. Surendra Prasad Choudhary, Son of Ganga Prasad Choudhary, Resident of
Village-Pokhram, Police Station-Biraul, District-Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Jha, Advocate
For the Opposite Party/s : Mr.Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
14 24-04-2026 The learned counsel for the petitioner submits that
the encroacher in question has already filed a writ petition
bearing CWJC No.1294 of 2026 and a co-ordinate Bench of this
Patna High Court MJC No.2849 of 2023(14) dt.24-04-2026
2/2
Court, vide order dated 08.04.2026 has been pleased to direct to
maintain status quo, hence it is submitted that the present
petition be disposed of while granting liberty to the petitioner to
file appropriate interlocutory application for revival of the
present contempt petition in case the aforesaid writ petition is
dismissed. Liberty so sought is granted.
2. The present petition stands disposed of.
(Mohit Kumar Shah, J)
kanchan/-
U
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