Patna High Court
Anil KumarversusThe State Of Bihar Through Sudhir Kumar, The Principal Secretary, Agriculture Department, Bihar, Pa
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents had complied with the earlier judgment and therefore no contempt had occurred, leading to the disposal of the petition.
Summary
Anil Kumar filed a petition in the Patna High Court seeking to initiate contempt proceedings against several officials of the Bihar Agriculture Department, alleging willful violation of a judgment dated 11‑12‑2017 in CWJC No. 9639 of 2008. The State counsel explained that due to a miscommunication the Director of Agriculture was absent, but a supplementary show‑cause notice was filed on behalf of the fourth respondent, indicating that the order of the writ court had been complied with, including the release of a seniority list where the petitioner’s name appeared at serial no. 9. The show‑cause notice was served on the petitioner’s counsel on 10‑04‑2026 and no rebuttal was filed. The court observed that the petitioners had been given an opportunity to agitate any remaining issues and, finding no breach of the earlier judgment, disposed of the petition. Consequently, no contempt proceeding was ordered.
Issues considered
- Whether the respondents have willfully and deliberately violated the judgment dated 11‑12‑2017 in CWJC No. 9639 of 2008.
- Whether the compliance with the writ court’s order, as evidenced by the seniority list, negates the basis for contempt proceedings.
- Whether the petition for contempt is maintainable in the absence of any rebuttal to the show‑cause notice.
Subjects
- contempt of court
- writ jurisdiction
- seniority list
- compliance with judgment
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1356 of 2018
In
Civil Writ Jurisdiction Case No.9639 of 2008
======================================================
Anil Kumar Son of Late Kameshwar Prasad, Resident of LIG- 79,
Kankarbagh, Police Station- Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Through Sudhir Kumar, The Principal Secretary,
Agriculture Department, Bihar, Patna
2. Himanshu Kumar Roy, Director Agriculture, Bihar, Patna.
3. Dinesh Prasad, Joint Director Plant Protection, Agriculture Department,
Govt. of Bihar, Mithapur Farm, Mithapur, Patna
4. Nivedita Roy, Deputy Director Administration, Directorate of Agriculture,
Govt. of Bihar, New Secretariat, Patna
5. Dinesh Chandra Dwivedi, father name not known, resident of Village-
Chksalem, Police Station- Patori, District- Darbhanga.
6. Ganesh Prasad, father name not known, C/o Joint Director Plant Protection,
Agriculture Department, Government of Bihar, Mithapur Farm, Mithapur,
Patna.
7. Satish Chandra Jha, null C/o Joint Plant Protection, Agriculture Department,
Government of Bihar, Mithapur Farm, Mithapur, Patna.
8. Ajit Kumar Saran, C/o Joint Director Plant Protection, Agriculture
Department, Government of Bihar, Mithapur Farm, Mithapur, Patna.
9. Satyendra Kumar Choudhary, C/o Joint Director Plant Protection,
Agriculture Department, Government of Bihar, Mithapur Farm, Mithapur,
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
: Mrs. Sunita Kumari, AC to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of a contempt
proceeding against the opposite parties for
Patna High Court MJC No.1356 of 2018(4) dt.23-04-2026
2/2
willful and deliberate violation of the
judgment/order dated 11.12.2017 passed by the
Hon’ble Court in CWJC No. 9639 of 2008.”
3. Mrs. Sunita Kumari, learned State counsel submits
that due to miscommunication, the Director, Agriculture
Department is not present. However, a supplementary show
cause has been filed on behalf of the opposite party no.4 and she
has taken this Court to the letter no. 2175 dated 25.03.2026 to
submit that in compliance with the order passed by the Writ
Court as also after dismissal of LPA No. 877 of 2018 and LPA
No. 1867 of 2017, seniority list has been released and the name
of the petitioner Anil Kumar is there at serial no.9.
4. A copy of the show cause was handed over to
learned counsel for the petitioner on 10.04.2026 and there is no
rebuttal to it.
5. In that background, granting liberty to the
petitioner to agitate the matter, if anything still remains, the
petition stands disposed of.
(Rajiv Roy, J)
vinayak/-
U
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