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Patna High Court

PANKAJ KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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