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Patna High Court

Sulekha ThakurversusThe State of Bihar through its Principal Secretary, Department of Mines and Geology

Decided
Disposal
DISMISSED

Holding

The contempt proceeding is dropped and the petition dismissed, with liberty to the petitioner to challenge the order dated 30‑12‑2024 before the appropriate forum.

Summary

Petitioner Sulekha Thakur filed a petition alleging that the State of Bihar had failed to comply with the High Court's order dated 20‑08‑2024 in Civil Writ Jurisdiction Case No.12202 of 2024. The State argued that it had complied by issuing a detailed order on 30‑12‑2024, annexed as Memo No.5678. The Court examined whether the alleged non‑compliance amounted to contempt and whether the contempt proceeding could be continued. It held that the compliance was sufficient and therefore the contempt proceeding should be dropped. Consequently, the petition was dismissed, but the Court granted the petitioner liberty to challenge the 30‑12‑2024 order in the appropriate forum.

Issues considered

  • Whether the State's issuance of the order dated 30‑12‑2024 satisfies the compliance required by the Court's order dated 20‑08‑2024.
  • Whether the alleged non‑compliance constitutes contempt of court.
  • Whether the contempt proceeding can be dismissed while allowing a fresh challenge to the later order.

Subjects

  • contempt
  • civil writ jurisdiction
  • order compliance
  • administrative law
  • high court
  • challenge of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1077 of 2025
                                                       In
                              Civil Writ Jurisdiction Case No.12202 of 2024
                 ======================================================
                 Sulekha Thakur Wife of Late Siya Sharan Thakur Resident of Mohalla- Dutta
                 Lane, Mithapur, P.S.- Jakkanpur, District- Patna.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Department of Mines and
                 Geology namely Sri Narmdeshwar Lal, Government of Bihar, Patna.
           2.    Sri Narmdeshwar Lal, the Principal Secretary, Mines and Geology,
                 Government of Bihar, Patna.
           3.    Sri Vinod Duhan, Director, Mines and Geology, Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Ms. Priya Ranjan, Advocate
                 For the Opposite Party/s :   Mr. Standing Counsel 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   18-03-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. Learned counsel for the petitioner submits that the

                   order dated 20.08.2024 passed in C.W.J.C. No. 12202 of 2024

                   has not been complied with.

                                3. Learned counsel for the State submits that the show

                   cause on behalf of opposite party nos.1 to 3 has been filed.

                   Counsel further submits that in compliance of the order dated

                   20.08.2024 passed in C.W.J.C. No. 12202 of 2024, the

                   Additional Secretary, Department of Mines & Geology,

                   Government of Bihar has passed a detailed and reasoned order
             Patna High Court MJC No.1077 of 2025(4) dt.18-03-2026
                                                         2/2




                       dated 30.12.2024 contained in Memo No. 5678 dated

                       31.12.2024 (annexed as Annexure-R/A).

                                    4. As such, the contempt proceeding is hereby

                       dropped and the present M.J.C. petition stands dismissed with

                       liberty to the petitioner to challenge the said order dated

                       30.12.2024 contained in Memo No. 5678 dated 31.12.2024

                       (Annexure-R/A), before the appropriate forum.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U


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