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Patna High Court

Manoj Kumar Prasad @ Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court restored liberty to the petitioners to seek appropriate legal remedy, thereby dismissing the contempt petition.

Summary

The petitioners, a group of eighteen individuals, filed a contempt petition before the Patna High Court challenging an order dated 03.08.2022 (Memo No. 871) that rejected their claim. The opposite parties were officials of the State of Bihar, including the Chief Secretary and various education department officers. The petitioners sought liberty to contest the rejection of their claim, arguing that the order was erroneous. The Court examined whether the petitioners were entitled to seek appropriate legal remedy against the order. It held that the petitioners were indeed entitled to liberty to pursue the appropriate remedy under law. Consequently, the contempt petition was disposed of, effectively dismissing the petition.

Issues considered

  • Whether the petitioners are entitled to liberty to challenge the order rejecting their claim.
  • Whether the contempt petition filed by the petitioners should be entertained or dismissed.

Subjects

  • contempt petition
  • civil writ jurisdiction
  • liberty to appeal
  • order dismissal
  • high court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Jurisdiction Case No.1429 of 2019
                                        In
                 Civil Writ Jurisdiction Case No.11044 of 2018
     ======================================================
1.    Manoj Kumar Prasad @ Manoj Kumar Son of Malik Prasad Resident of
      Kondh Bhagwanpur, P.S. Panapur, District-Saran at Chapra.
2.   Shubh Narayan Singh Son of Vijay Singh Resident of Village-Bankawa, P.O.
     Rasauli, P.S. Panapur, District-Saran at Chapra.
3.   Dinesh Ram Son of Sheo Prasad Ram Resident of Village-Bhagwanpur, P.O.
     Rampur Rudra, P.S. Panapur, District-Saran at Chapra.
4.   Shailesh Kumar Singh Son of Nag Narayan Singh Resident of Village-
     Dhanauti, P.O.-Mashrak, P.S. Panapur, District-Saran at Chapra.
5.   Rajesh Prasad Sah Son of Jatai Sah Resident of Village-Satjora, P.O.-Satjora,
     P.S. Panapur, District-Saran at Chapra.
6.   Nand Kishore Prasad Son of Jailal Rout Resident of Village-Bhagwanpur,
     P.O. Brit Bhagwanpur, P.S.-Panapur, District-Saran at Chapra.
7.   Chhotelal Manjhi Son of Rampujan Manjhi Resident of Village-Panapur,
     P.O. Rasauli, P.S. Panapur, District-Saran at Chapra.
8.   Parmatma Ram Son of Lakshman Ram Resident of Village-Kondh
     Bhagwanpur, P.O. Rampur Rudra, P.S.-Panapur, District-Saran at Chapra.
9.   Chandarma Ram Son of late Bhola Ram Resident of Village-Panapur, P.O.-
     Rasauli, P.S.-Panapur, District-Saran at Chapra.
10. Krishna Ram Son of late Ganesh Ram Resident of Village-Turki, P.O.
    Rasauli, P.S. Panapur, District-Saran at Chapra.
11. Shatrughan Sah Son of Rampukar Sah Resident of Village-Dhanauti, P.O.
    Mashrak, P.S.-Panapur, District-Saran at Chapra.
12. Vijay Kumar Rowat Son of Jadunandan Prasad Rout Resident of Village-
    Rasauli, Bind toli, P.O. Rasauli, P.S. Panapur, District-Saran at Chapra.
13. Ranjan Kumar Son of Visheshwar Mishra Resident of Dhanauti, P.O.
    Mashrak, P.S. Panapur, District-Saran at Chapra.
14. Bindu Devi W/o Pradeep Singh Resident of Village-Semraha, P.O. belour,
    P.S. Panapur, District-Saran at Chapra.
15. Kameshwar Lal Yadav @ Kamlwshpur Lal Yadav Son of Barfi Yadav
    Resident of Village-Totha Jagatpur, P.O. Bijauli, P.S. Panapur, District-Saran
    at Chapra.
16. Jai Kishore Singh Son of Dudhnath Singh Resident of Village-Methaura,
    P.O.-Dubauli, P.S. Panapur, District-Saran at Chapra.
17. Prabhunath Kumar Son of Sakaldeo Rai Resident of Village-Bijauli-37,
    P.O.-Belour, P.S. Panapur, District-Saran at Chapra.
18. Md. Naim @ Md. Nayeem Son of Md. Khalil Resident of Village-Bankawa,
    P.o Rasauli, P.S.-Panapur, District-Saran at Chapra.

                                                                 ... ... Petitioner/s
                                        Versus
         Patna High Court MJC No.1429 of 2019(5) dt.18-02-2026
                                                     2/3




           1.    The State of Bihar through Sri Deepak Kumar, aged about 59 years, Male,
                 the Chief Secretary Government of Bihar, Patna.
           2.    Sri R.K.Mahajan, the Principal Secretary Department of Education,
                 Government of Bihar, Patna.
           3.    Sri Kumar Ramanuj, the Director, Mass Education, Government of Bihar,
                 Patna.
           4.    Ajay Kumar Choudhary the Director, Primary Education, Government of
                 Bihar, Patna.
           5.    Sri Subrat Kumar Sen the Collector-cum-District Magistrate, Saran at
                 Chapra.
           6.    Shri Suresh Bhagat the District Development Commissioner, Saran at
                 Chapra.
           7.    Sri Jaychand Prasad Srivastava, the District Education Officer, Saran at
                 Chapra.
           8.    Sunil Kumar Gupta, the District Programme Officer, (Establishment), Saran
                 at Chapra.
           9.    Lakhindra Paswan, the Block Education Officer, Panapur, District Saran at
                 Chapra.
           10. Lakhindra Paswan, the Block Education Office, Masharak, District Saran at
               Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jeetendra Narayan
                 For the Opposite Party/s :       Mr.Ashutosh Ranjan Pandey (Aag15)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

5   18-02-2026                  Heard learned counsel for the parties.

                                2. Counsel for the petitioners fairly submits that

                   pursuant to the order passed by this Court, necessary order has

                   been passed, which is contained in Memo No.                    871 dated

                   03.08.2022, by which the claim of the petitioners has been

                   rejected.

                                3. Counsel for the petitioners seeks liberty to

                   challenge the same.
          Patna High Court MJC No.1429 of 2019(5) dt.18-02-2026
                                                      3/3




                                 4. Liberty is restored for taking appropriate remedy as

                    is available in law.

                                 5. The contempt petition stands disposed of.



                                                                      (Ajit Kumar, J)
rishi/-

U


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