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Patna High Court

BiharversusIndu Devi

Decided
Disposal
DISPOSED

Holding

The appeal was dismissed as infructuous because the contempt order had been complied with.

Summary

The State of Bihar filed a Letters Patent Appeal (No. 1292 of 2023) challenging a contempt order issued by the writ court. The appellant sought condonation of a 42‑day delay in filing the appeal, which the court allowed. The respondents submitted that the contempt order had already been complied with, as recorded in the writ court's order dated 19‑09‑2025 in MJC No. 3569 of 2023. Upon reviewing the compliance, the High Court held that the appeal had become infructuous. Consequently, the court disposed of the appeal without further hearing.

Issues considered

  • Whether the 42‑day delay in preferring the Letters Patent Appeal can be condoned.
  • Whether the appeal remains maintainable after the contempt order has been complied with.

Subjects

  • contempt
  • letters patent appeal
  • condonation of delay
  • compliance
  • infructuous appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.1292 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.13496 of 2022

                 ======================================================
                 The State of Bihar through the Principal Secretary, Higher Education, Human
                 Resources Development Department, Bihar, Patna.

                                                                            ... ... Appellant/s
                                                   Versus
           1.    Indu Devi Wife of Late Ravindra Nath Jha, (The Professor of Shiv Prasad,
                 Sanskrit Degree College, Rampur, Buxar), Residing at Village- Sora Kothi,
                 Dariyapur, Police Station- Fatuha, District-Patna.
           2.    Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar,
                 Darbhanga through its Registrar.
           3.    The Vice Chancellor, Kameshwar Singh, Darbhanga Sanskrit University,
                 Kameshwar Nagar, Darbhanga.
           4.    The Registrar, Kameshwar Singh, Darbhanga Sanskrit University,
                 Kameshwar Nagar, Darbhanga.
           5.    The Finance Officer, Kameshwar Singh, Darbhanga Sanskrit University,
                 Kameshwar Nagar, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Madhaw Pd. Yadaw, GP 23
                 For the Respondent/s   :      Mr. Rajesh Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   09-02-2026                 Re: I.A. No. 02 of 2026

                               Learned counsel for the appellant presses I.A. No. 02

                   of 2026 for condoning the delay of 42 days in preferring this

                   appeal.

                               2. For the reasons stated in the application, the delay
Patna High Court L.P.A No.1292 of 2023(5) dt.09-02-2026
                                             2/3




          in preferring this appeal is condoned.

                       3. I.A. No. 02 of 2026 stands allowed.

                       Re: L.P.A. No. 1292 of 2023

                       4. Learned counsel for the respondents has brought to

          the notice of this Court that the order passed by the writ Court

          has already been complied with, as observed in the order dated

          19.09.2025 passed in MJC No. 3569 of 2023, which is quoted

          hereinbelow:-

                                           "Heard Mr. Kumar Goutam, learned
                              counsel appearing on behalf of the petitioner, Mr.
                              Madhaw Pd. Yadaw, learned GP 23 for the State
                              and Mr. Vinay Kumar Singh, learned counsel for
                              the University.
                                           3. In view of the statement and
                              information contained in paragraph no.5 of the
                              show cause filed on behalf of the opposite parties
                              no. 1 to 4, the order under contempt appears to
                              have been complied.
                                           4. However, the petitioner if still
                              aggrieved in any manner, he would be at liberty to
                              challenge the same before the appropriate
                              authority.
                                           5. The present contempt petition,
                              accordingly, stands consigned."


                       5. In view of the aforesaid compliance and the

          submissions made on behalf of the parties, the present appeal

          has become infructuous and is accordingly, disposed of.
          Patna High Court L.P.A No.1292 of 2023(5) dt.09-02-2026
                                                       3/3




                                 6. Pending application(s) if any, shall stands disposed

                    of.



                                                 (Sudhir Singh, J)


                                           ( Rajesh Kumar Verma, J)
vanisha/anushka

U


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