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Patna High Court

Nilam PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of, with liberty granted to the petitioner to approach the court afresh if the related writ petition is dismissed.

Summary

The petitioner, Nilam Pandey, filed a contempt petition in the Patna High Court against the State of Bihar and the Commissioner of Patna Municipal Corporation. The court noted that a related writ petition (CWJC No. 1678 of 2026) had been filed by an encroacher and a stay order was already in place. The petitioner’s counsel requested that the contempt petition be disposed of while preserving the right to approach the court again if the writ petition is later dismissed. The bench granted this liberty, allowing the petitioner to re‑file if necessary. Consequently, the contempt petition was disposed of by the court.

Issues considered

  • Whether the contempt petition should be dismissed in view of the pending writ petition and stay order
  • Whether the petitioner should be granted liberty to approach the court afresh if the writ petition is dismissed

Subjects

  • contempt
  • writ petition
  • stay order
  • civil writ jurisdiction
  • high court
  • liberty to approach afresh

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.4597 of 2019
                                                        In
                                  Civil Writ Jurisdiction Case No.16812 of 2019
                   ======================================================
                   Nilam Pandey (F), Wife of Sri Baikunth Pandey R/o Durga Ashram Gali
                   (Prem Bhawan Gali, Rajendra Path), Sheikhpura, P.s.- Shastrinagar, Distt.-
                   Patna.
                                                                             ... ... Petitioner/s
                                                      Versus
              1.    The State of Bihar
              2.    Shri Amit Kumar Pandey Commissioner, Patna Municipal Corporation,
                    Patna.
                                                                ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :    Mr. Prabhakar Singh, Advocate
                   For the Opposite Party/s :    Mr. Yogendra Prasad Sinha, AAG 7
                   ======================================================
                     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                         ORAL ORDER

9    11-03-2026                   The learned counsels for the parties fairly submit that

                     a writ petition bearing CWJC No. 1678 of 2026 has been filed

                     by the encroacher and a Co-ordinate Bench of this Court has

                     granted stay vide order dated 10.02.2026.

                                  2. In such view of the matter, the learned counsel for

                     the petitioner submits that the present petition be disposed of

                     while reserving liberty to the petitioner to approach this Court

                     afresh in case the aforesaid writ petition is dismissed. Liberty, so

                     sought, is granted.

                                  3. Accordingly, present contempt petition stands

                     disposed of.


                                                              (Mohit Kumar Shah, J)
GAURAV S./-
U


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