Patna High Court
Kaushlendra MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court disposed of the M.J.C. petition, allowing the petitioners to revive it only after the pending C.W.J.C. No.17798 of 2024 is finally decided.
Summary
Petitioners Kaushlendra Mishra and Ramanand Mishra filed a Miscellaneous Jurisdiction petition challenging a memo dated 09‑01‑2024 issued by the Collector, Madhubani, which was made in compliance with a High Court order dated 28‑08‑2023 in Civil Writ Jurisdiction (C.W.J.C.) No.5605 of 2023. The Collector's memo was subsequently stayed by the coordinate bench of the Patna High Court on 11‑12‑2024 in C.W.J.C. No.17798 of 2024, wherein the petitioners are also respondents. The petitioners argued that they had received notice in the stayed case and had appeared before the court. The learned AAG‑4 contended that the stay of the memo renders the present contempt petition premature. The Court held that the present M.J.C. petition could not be entertained while the related C.W.J.C. matter remains pending, and therefore disposed of the petition, granting the petitioners liberty to revive it after the disposal of C.W.J.C. No.17798 of 2024 if the outcome is favorable to them.
Issues considered
- Whether a Miscellaneous Jurisdiction petition challenging a government order can proceed while the same order is stayed in a pending Civil Writ Jurisdiction case.
- Whether the petitioners have the right to revive the M.J.C. petition after the pending C.W.J.C. case is decided.
Subjects
- Contempt of Court
- Miscellaneous Jurisdiction
- Civil Writ Jurisdiction
- Stay Order
- Revival of Petition
- Jurisdictional Bar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3335 of 2023
In
Civil Writ Jurisdiction Case No.5605 of 2023
======================================================
1. Kaushlendra Mishra son of Late Krishna Chandra Mishra, resident of
Village Rahika, P.S.-Rahika, District-Madhubani.
2. Ramanand Mishra, son of Late Dev Chandra Mishra, resident of Village
Rahika, P.S.-Rahika, District-Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Amir Subhani, Chief Secretary, Government
of Bihar, Patna.
2. Mr. Amir Subhani, the Chief Secretary, Government of Bihar, Patna.
3. Mr. Brijesh Mehrotra, The Principal Secretary, Department of Revenue and
Land Reforms, Government of Bihar, Patna.
4. Dr. Manish Kumar, The Commissioner, Darbhanga Range, Darbhanga.
5. Mr. Arvind Kumar Verma, The District Magistrate-cum-Collector,
Madhubani.
6. Mr. Naresh Jha, The Additional Collector, Madhubani.
7. Mr. Ravi Shankar Sharma, The Deputy Collector Land Reforms, Sadar,
Madhubani.
8. Mr. Ram Pravesh Prasad, The Circle Officer, Rahika, Madhubani.
9. Varun Jha, son of Late Hem Chandra Jha, Resident of Village-Rahika, P.S.-
Rahika, District-Madhubani.
10. Praveen Jha, son of Varun Jha, Resident of Village-Rahika, P.S.-Rahika,
District-Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amish Kumar, Advocate
Mr. K.C. Jha, Advocate
Mr. Satish Kumar Mehta, Advocate
For the Opposite Party/s : Mr. Anjani Kumar, (AAG-4)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
9 10-04-2026 Heard learned counsel for the petitioners, learned
AAG-4 and learned counsel for the opposite party nos. 9 & 10.
2. Learned AAG-4 submits that the order contained in
Patna High Court MJC No.3335 of 2023(9) dt.10-04-2026
2/2
Memo No. 140 dated 09.01.2024 has been passed by the
Collector, Madhubani in compliance of the order passed by this
Hon’ble Court dated 28.08.2023 in C.W.J.C. No. 5605 of 2023.
He submits that the said order dated 09.01.2024 contained in
Memo No. 140 passed by the Collector, Madhubani has been
stayed by the Co-ordinate Bench of this Court vide order dated
11.12.2024 in C.W.J.C. No. 17798 of 2024. Learned AAG-4
further submits that the petitioners of the present contempt
petition are also party respondent nos.7 & 8 in the said C.W.J.C.
No. 17798 of 2024.
3. Learned counsel for the petitioners submit that the
petitioners have received notice in the said C.W.J.C. No. 17798
of 2024 and had appeared.
4. In this background, the present M.J.C. petition
stands disposed off with liberty to the petitioners to revive the
present M.J.C. petition after disposal of the said C.W.J.C. No.
17798 of 2024, if decided in their favour.
(Dr. Anshuman, J)
Divyansh/-
U
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