Patna High Court
Shashi Kant Rai,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the petition without ordering contempt, noting that the required payments had been made albeit belatedly.
Summary
The petitioner, Shashi Kant Rai, filed a writ petition seeking initiation of contempt proceedings against several officials of the Bihar Water Resources Department, alleging that they deliberately violated an order dated 25 November 2019 in Civil Writ Jurisdiction Case No. 21058 of 2019. The petition claimed that the respondents had failed to comply with the earlier order, prompting a request for contempt action. The court observed that the respondents had eventually made the required payments to the petitioner, albeit with delay. Considering that the payment had been effected, the court granted the petitioner liberty to raise the matter further if desired, but did not order contempt proceedings. Consequently, the petition (MJC No. 145 of 2020) was disposed of.
Issues considered
- Whether the respondents' delayed payment constitutes willful violation of the order dated 25‑11‑2019 warranting contempt proceedings
- Whether the court should initiate contempt action against the State officials
Subjects
- contempt
- civil writ
- order compliance
- payment
- Water Resources Department
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.145 of 2020
In
Civil Writ Jurisdiction Case No.21058 of 2019
======================================================
Shashi Kant Rai, son of late Shiv Prasad Rai @ Swami Nath Rai, resident of
village- Amarupur, P.S. Bhanwarkol, District- Gazipur (U.P.), presently
residing near Sone Canal Sub-Division at Koath, district- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Sanjeev Hans, name of father not known to
the petitioner, the Principal Secretary, Water Resources Department, Sinchai
Bhawan, Patna.
2. Sri Ram Pukar Singh, father not known to the petitioner, the Engineer-in-
Chief, Irrigation Creation (Former South), Water Resources Department,
Patna.
3. Md. Shamim Akhatar Mallik, father not known to the petitioner, the Chief
Engineer, Irrigation Creation, Water Resources Department, Dehri, District-
Rohtas.
4. Sri Suresh Singh, father not known to the petitioner, the Superintending
Engineer, Sone Canal Circle, Ara.
5. Sri Ashok Kumar Verma, son of Sri Kuldip Prasad, the Executive Engineer,
Sone Canal Division, Bikramganj (Rohtas).
6. Sri Sushil Kumar Singh, father not known to the petitioner, the Executive
Engineer, Left Bank Embankment Division, Bhitari- Bandh, Durgawati,
Camp at Chenari (Rohtas).
7. Sri Rajesh Kumar Gupta, father not known to the petitioner, the Executive
Engineer, Sone Canal Division, Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the State : Mr. Vinay Kriti Singh, GA-2
: Mr. Rajan Prakash, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of contempt proceeding
Patna High Court MJC No.145 of 2020(3) dt.10-03-2026
2/2
against the opposite parties for deliberately and
willfully violated the order dated 25.11.2019
passed by the Hon’ble Court in CWJC No.
21058 of 2019.”
3. From the reply to the show cause, it is clear that the
payments have been made to the petitioner though belatedly.
4. Granting liberty to agitate the matter if the
petitioner so want, the MJC No. 145 of 2020 is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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