Patna High Court

Arjun SharmaversusThe State of Bihar through the Principal Secretary,

Decided: 9 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petition is disposed, with liberty granted to the petitioner to approach the appropriate authority for refund of the deposited amount.

Summary

Petitioner Arjun Sharma filed a contempt application alleging that the Collector of Katihar and the former District Fisheries Officer deliberately violated the High Court's order dated 1 April 2024 in C.W.J.C. No.5039 of 2020. The petitioner claimed the Collector wrongly referred the dispute to a co‑operative society and that Rs. 92,000 deposited by the petitioner had not been refunded. The Court examined the Collector’s order and noted that the settlement period had already expired in 2021‑22. The State counsel acknowledged that if the deposit remains pending, the petitioner may approach the appropriate authority for a refund. Consequently, the Court granted the petitioner liberty to seek refund before the appropriate authority and disposed of the contempt petition.

Issues considered

Whether the Collector and the former District Fisheries Officer violated the High Court’s order dated 1‑April‑2024.
Whether the matter should have been referred to the co‑operative society in the absence of statutory provision.
Whether the petitioner is entitled to a refund of the Rs. 92,000 deposit.

Subjects

contempt of court
settlement order
refund of deposit
co‑operative society
administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1353 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.5039 of 2020
                 ======================================================
                 Arjun Sharma son of Late Devi Sharma, resident of village-Laxmipur, Police
                 Station-Pranpur, District-Katihar

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Animal Husbandry and
                 Fisheries Department, Bihar, Patna.
           2.    Sri Manesh Kumar Meena, the Collector, Katihar.
           3.    Sri Shambhoo Nayak, the Former District Fisheries Officer, Katihar,
                 District-Katihar at present (under suspension) in the office of the District
                 Fisheries Office, Patna.
           4.    Sri Sanat Kumar present District Fisheries Officer, Katihar, District-Katihar.
           5.    Pranpur Prakhand Matasya Jeevi Sahyog Samiti Limited at Roshna, Police
                 Station-Pranpur, District-Katihar through the Secretary.
           6.    Kunal Nishad, Secretary, Pranpur Prakhand Matasya Jeevi Sahyog Samiti
                 Limited at Roshna, Police Station-Pranpur, District-Katihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Swati Mishra, Adv.
                 For the Opposite Party/s :     Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   09-01-2026                      Heard Dr. Swati Mishra, learned counsel for the

                   petitioner and the State.

                                2. The present application has been preferred for

                   initiation of the contempt of court proceeding against the Opposite

                   Parties specially the Opposite Party No.2 and 3 for deliberate

                   violation of the order dated 1.4.2024 passed by this Court in

                   C.W.J.C. No.5039 of 2020 (Annexure-1) in collusion with the

                   Opposite party no. 6.

                                3. An order has been passed by the Collector, Katihar
           Patna High Court MJC No.1353 of 2025(5) dt.09-01-2026
                                                       2/2




                     (Annexure-OP/A). It is taken note of the fact that the period for

                     which the settlement was made already has passed in the year

                     2021-22 and in case, there is further dispute, the petitioner can

                     go before the co-operative society.

                                  4. Learned counsel for the petitioner submits that the

                     Collector, Katihar erred in sending the matter to co-operative

                     society, there is no such provision. She further submits that Rs.

                     92,000/- was deposited which has not been refunded.

                                  5. Upon query, learned State Counsel acknowledges

                     that    in case, the said amount has been deposited and still

                     pending, if an appropriate petition is filed for its refund before

                     appropriate authority, it shall be taken note of.

                                  6. In that background, granting liberty to the petitioner

                     to agitate the matter before appropriate authority for refund of

                     the amount, in view of the fact that the settlement period already

                     stands lapsed, MJC No. 1353 of 2025 is disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U

Continue reading with your account

Checking your session…