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Patna High Court

Lalbabu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the order dated 29 May 2019 had been complied with, so no contempt could be established.

Summary

Lalbabu Singh filed a petition seeking contempt proceedings against the State of Bihar and officials, alleging willful disobedience of a court order dated 29 May 2019 in CWJC No. 3972 of 2019. The State counsel argued that the underlying Supply Case No. 19 of 2016 (Lalbabu Singh v. State of Bihar) had been finally decided on 27 October 2020 by a reasoned order of the Collector, which was communicated by memo on 4 January 2021. The High Court examined whether the order of 29 May 2019 had been complied with. Finding that the order had indeed been complied with, the Court granted the petitioner liberty to raise the matter again if desired but concluded that no contempt had occurred. Consequently, the petition (MJC No. 1034 of 2020) was disposed of.

Issues considered

  • Whether the order dated 29 May 2019 in CWJC No. 3972 of 2019 was willfully disobeyed, justifying contempt proceedings.

Subjects

  • contempt
  • civil writ jurisdiction
  • order compliance
  • high court
  • petition
  • state liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1034 of 2020
                                                        In
                                Civil Writ Jurisdiction Case No.3972 of 2019
                 ======================================================
                 Lalbabu Singh S/o Late Ram Surat Singh Resident of Village- Madhubani,
                 Ward No. 9, P.S. Chiraiya, District- East Champaran.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumers
                 Protection Department, Old Secretariat, Patna namely Sri Mahesh Pathak.
           2.    Sri Raman Kumar, The then District Magistrate, District- East Champaran,
                 Motihari.
           3.    Sri Gyan Prakash, the Sub-Divisional Officer, Sikrahna, Dhaka, District-
                 East Champaran, Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmendra Kumar Singh, Advocate
                 For the State            :       Mr. S. Raza Ahmad, AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   11-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for initiation of contempt proceeding

                                        against the contemnors/opposite parties for

                                        willful   disobedience     of   the   order      dated

                                        29.05.2019 passed by the Hon’ble Court in

                                        CWJC No. 3972 of 2019.”


                                 3. Learned State counsel has taken this Court to the

                   show cause on behalf of the opposite party no. 2 and 3 to show
            Patna High Court MJC No.1034 of 2020(2) dt.11-03-2026
                                                        2/2




                      that the Supply Case No. 19 of 2016 (Lalbabu Singh vs. The

                      State of Bihar) has been taken to its logical conclusion on

                      27.10.2020 by a reasoned order passed by the Collector, East

                      Champaran, Motihari and communicated vide memo no. 02

                      dated 04.01.2021.

                                   4. Granting liberty to the petitioner to agitate the

                      matter if he so want, having convinced that the order stands

                      complied, the MJC No. 1034 of 2020 is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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