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Patna High Court

Mir. Mohammad IslamversusMr. Deepak Kumar, the Chief Secretary

Decided
Disposal
DISPOSED

Holding

The petition is disposed as the respondents have been directed to comply with the High Court order, and no contempt proceeding is warranted.

Summary

Mir Mohammad Islam filed a contempt petition against several officials alleging willful disobedience of the Patna High Court order dated 04‑12‑2018 in CWJC No.16941 of 2017. The Court observed that the Collector of Gopalganj had issued Memo No.2394 on 01‑09‑2021 directing the Superintendent of Police and the SHO to act in accordance with that order. The Court granted the petitioner liberty to raise any further grievance if it persisted. Finding that the required direction had been issued, the Court held that there was no basis to proceed with contempt proceedings. Consequently, the contempt petition was disposed of.

Issues considered

  • Did the respondents willfully disobey the High Court order dated 04‑12‑2018, thereby committing contempt of court?
  • Should the contempt petition be dismissed after the Collector issued a directive for compliance?

Subjects

  • contempt of court
  • writ jurisdiction
  • execution of court order
  • police authority
  • collector direction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.1281 of 2019
                                         In
                  Civil Writ Jurisdiction Case No.16941 of 2017
     ======================================================
     Mir. Mohammad Islam S/o Late Mir Chhedi R/o Village-Umar Mathiya, P.S.-
     Manjhagarh, District-Gopalganj
                                                             ... ... Petitioner/s
                                      Versus
1.    Mr. Deepak Kumar, the Chief Secretary Government of Bihar, Patna
2.   Mr. Gopteshwar Pandey The DGP Patna, Bihar
3.   Mr. Vinod Kumar Verma The DIG Saran, Chhapra
4.   Mr. Lokesh Kumar The Commissioner, Chhapra
5.   Mr. Animesh Kumar Parashar The Collector, Gopalganj
6.   Mr. Rakesh Zama The Superintendent of Police, Gopalganj
7.   Mr. Chhotan Kumar The SHO Manjhagarh, District Gopalganj
8.   Makshud Sai S/o Late Pir Mohammad Sai R/o Village-Dhankhar, P.O. and
     P.S.-Manjhagarh, District-Gopalganj
9.   Mahmudan Sai S/o Late Pir Mohammad Sai R/o Village-Dhankhar, P.O. and
     P.S.-Manjhagarh, District-Gopalganj
10. Matloob Sai S/o Late Pir Mohammad Sai R/o Village-Dhankhar, P.O. and
    P.S.-Manjhagarh, District-Gopalganj
11. Mahaboob Sai S/o Laet Pir Mohammad Sai R/o Village-Dhankhar, P.O. and
    P.S.-Manjhagarh, District-Gopalganj
12. Ayub Sai S/o Late Pir Mohammad Sai R/o Village-Dhankhar, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
13. Shivonath Dhanuk S/o Late Indrason Dhanuk R/o Village-Dulduliya, P.O.
    and P.S.-Manjhagarh, District-Gopalganj
14. Babulal Dhanuk S/o Sita Mahato R/o Village-Dulduliya, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
15. Rajbali Dhanuk S/o Sita Dhanuk R/o Village-Dulduliya, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
16. Shiobali Dhanuk S/o Sita Dhanuk R/o Village-Dulduliya, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
17. Rajdeo Dhanak S/o Sita Dhanuk R/o Village-Dulduliya, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
18. Baldeo Dhanak S/o Sita Dhanuk R/o Village-Dulduliya, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
19. Munni Dhanak S/o Sita Dhanuk R/o Village-Dulduliya, P.O. and P.S.-
    Manjhagarh, District-Gopalganj
20. Bishwanath Dhanak S/o Late Indrason Dhanak R/o Village-
     Pipratoladulduliya, P.O. and P.S.-Manjhagarh, District-Gopalganj
                                                            ... ... Opposite Party/s
    ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Chandra Kant, Advocate
            Patna High Court MJC No.1281 of 2019(3) dt.06-05-2026
                                                        2/2




                   For the State            :        Mr. Rajan Prakash, AC to GA-2
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                         ORAL ORDER

3    06-05-2026                     Heard the parties.

                                   2. The present petition has been preferred for the

                      following relief(s):

                                                   “for initiation of contempt proceeding

                                      against the contemnors/opposite parties for their

                                      willful disobedience of the order dated 04.12.2018

                                      passed in CWJC No. 16941 of 2017.”

                                   3. A show cause is on record which shows that the

                      Collector,     Gopalganj has passed order vide memo no.2394

                      dated 01.09.2021 with a direction to the Superintendent of

                      Police, Gopalganj as also the S.H.O., Manjha to act in

                      accordance with order of the Patna High Court.

                                   4. Granting liberty to the petitioner to agitate the

                      matter, if any grievance still remains, the present contempt

                      petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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