Patna High Court
PANKAJ KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is abated and disposed of because the sole petitioner is deceased.
Summary
Petitioner Pankaj Kumar filed a petition in the Patna High Court seeking initiation of civil contempt proceedings against several officials of the Bihar Department of Education for allegedly willfully disobeying an order dated 3 March 2020 in the case Anita Kumar v. State of Bihar (CWJC No.16160). The petition alleged that the respondents had deliberately disregarded the earlier judgment. During the hearing, counsel for the petitioner informed the court that the sole petitioner had died, rendering the petition ineffective. The court held that the death of the sole petitioner caused the petition to stand abated. Consequently, the court disposed of the petition without entertaining the contempt application.
Issues considered
- What is the effect of the death of the sole petitioner on a pending contempt petition?
Subjects
- civil contempt
- petition abatement
- death of petitioner
- High Court
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1300 of 2020
In
Civil Writ Jurisdiction Case No.16160 of 2019
======================================================
PANKAJ KUMAR son of Ramadhar Tripathi resident of mohalla- Bagmali
Gachchi, P.o.- Hajipur, P.s.- Hajipur, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Bihar, Patna namely Sri Sanjay Kumar
2. The Deputy Secretary, Department of Education, Bihar, Patna namely Sri
Arshad Firoz
3. The Director, Department of Education, Government of Bihar, Patna namely
Sri Rajnish Kumar Singh
4. The District Education Officer, Vaishali namely Sri Bahadur Singh
5. The District Programme Officer (Establishment) Vaishali namely Sri
Nishant Kiran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Lalit Kishore
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation a civil contempt proceeding
against the contemnors/opposite parties for
their willful disobedience and deliberate
disrespect to the order dated 3.3.2020
passed by Hon'ble Mr. Justice Anil Kumar
Upadhyay (as His Lordship then was)
Patna High Court MJC No.1300 of 2020(3) dt.10-03-2026
2/2
(Anita Kumar Vs. The State of Bihar and
ors) in CWJC No. 16160 and violated the
order dated 3.3.2020.
3. It has been informed by learned counsel for the
petitioner that the sole petitioner is no more and as such the
petition stands abated.
4. In that background, the MJC No. 1300 of 2020 is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…