Created by Fuzzy Cloud

Patna High Court

Md. Jalil MianversusThe State Of Bihar Through Sri Anjani Singh The Chief Secretary Govt. Of Bihar and Ors

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.