Patna High Court
Md. Jalil MianversusThe State Of Bihar Through Sri Anjani Singh The Chief Secretary Govt. Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for contempt is dismissed as it is barred by Section 20 of the Contempt of Courts Act, 1971 due to the undue delay.
Summary
The petitioner, Md. Jalil Mian, filed a contempt petition in 2017 seeking to initiate contempt proceedings against several state officials for allegedly willfully disobeying a High Court order dated 03‑02‑2012 in CWJC No. 3862 of 2007. The order required the Collector of East Champaran to pass a show‑cause order, which the Collector later adjourned, prompting the contempt petition. The State counsel argued that the petition was filed five years after the original order, invoking Section 20 of the Contempt of Courts Act, 1971, which bars contempt actions after a delay of three months without sufficient cause. The Court examined the Collector’s show‑cause filing and the State’s submission on the delay, concluding that the petition did not meet the requisite criteria for contempt. Consequently, the Court dismissed the petition as insufficient and disposed of the matter.
Issues considered
- Whether a contempt petition filed in 2017 for a court order dated 03‑02‑2012 is barred by Section 20 of the Contempt of Courts Act, 1971 due to undue delay.
- Whether the petitioner has demonstrated sufficient cause to justify the delay in filing the contempt petition.
Legislation cited
- Contempt of Courts Act, 1971 — s. 20
Subjects
- contempt of court
- delay in filing
- Section 20
- Contempt of Courts Act
- High Court order
- writ jurisdiction
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1242 of 2017
In
Civil Writ Jurisdiction Case No.3862 of 2007
======================================================
Md. Jalil Mian
... ... Petitioner/s
Versus
1. The State Of Bihar Through Sri Anjani Singh The Chief Secretary Govt. Of
Bihar and Ors.
2. Sri Anupam Kumar The District Magistrate Motihari E. Champaran
3. Sri Rajnish Lal The Sub-Divisional Magistrate E. Champaran
4. Sri Vijay Kumar Pandey The Sub-Divisional Magistrate, Areraj, E.
Champaran
5. Sri Awadhesh Kumar Srivastav The Circle Officer, Paharpur
6. Sri Ravi Ranjan Block Development Officer, Paharpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No. 2, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 09-07-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“to initiate the contempt proceeding against
the opposite parties for willfully disobeying the
order dated 03.02.2012 passed by the Hon’ble
Court in CWJC No. 3862 of 2007.”
3. The writ order directed the Collector, East
Champaran to pass an order, the order dated 17.04.2018 in the
Patna High Court MJC No.1242 of 2017(6) dt.09-07-2026
2/2
show cause shows that the parties were not cooperating and as
such, the matter was adjourned by the Collector, East
Champaran, Motihari.
4. Learned State counsel further submits that the order
is dated 03.02.2012 whereas the contempt petition has been
filed in the year 2017 and it is in the teeth of section 20 of the
Contempt of Court’s Act, 1971.
5. This Court is satisfied with the show cause filed by
the Collector, East Champaran and has also taken note of the
submission regarding the delay in filing the contempt petition.
MJC No. 1242 of 2017 do not suffice and is accordingly,
disposed of.
(Rajiv Roy, J)
vinayak/-
U
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