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Patna High Court

Sanjay KumarversusThe State of Bihar through Additional Chief Secretary, Arunish Chawla

Decided
Disposal
DISPOSED

Holding

The contempt application is dismissed, and the petitioner must file a fresh writ petition to challenge the PMC's order.

Summary

Petitioner Sanjay Kumar filed a writ petition challenging a decision by the Patna Municipal Corporation (PMC) that denied him entitlement to a second Assistant Commissioner of Police (2nd A.C.P.). The High Court had earlier directed the petitioner to submit a representation to the PMC, which he did; the PMC thereafter disposed of the representation, holding that he was not entitled to the 2nd A.C.P. The petitioner then filed a contempt application alleging that the PMC's decision was illegal and contrary to law. The Court held that the contempt application could not be decided within the pending writ petition and that any grievance against the PMC's order must be pursued in a fresh writ petition. Accordingly, the contempt application was dismissed.

Issues considered

  • Whether the decision of the Patna Municipal Corporation denying the petitioner entitlement to a second A.C.P. is contrary to law.
  • Whether a contempt application can be entertained in the pendency of the original writ petition.

Subjects

  • contempt
  • writ petition
  • municipal corporation
  • administrative law
  • representation
  • 2nd A.C.P. entitlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1472 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.12784 of 2024
                 ======================================================
                 Sanjay Kumar S/o Late Ram Prasad Lal Yadav, resident of Village- Rukmini
                 Chamber Hotel Raj Kumar Lane, Exhibition Road, P.S. - Gandhi Maidan,
                 P.O.- G.P.O., District- Patna.

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Additional Chief Secretary, Arunish Chawla
                 Urban Development and Housing Department, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Arunish Chawla, Urban Development and
                 Housing Department, Govt. of Bihar, Patna.
           3.    The Municipal Commissioner, Animesh Kumar Parashar, Patna Municipal
                 Corporation, Patna.
           4.    The Joint Municipal Commissioner (Establishment) Dr. Shashi Shekhar,
                 Patna Municipal Corporation, Patna.
           5.    The Controller of Municipal Finance and Account Shri Ramashish Sharan
                 Tiwari, Patna Municipal Corporation, Patna.
           6.    The Executive Officer, Shri Gangakant Thakur, Jalapurti Shakha, Patna
                 Municipal Corporation, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rama Kant Singh, Advocate
                 For the State          :      Mr. Dhurjati Kumar Prasad, G.P.-14
                 For the P.M.C.         :      Mr. Ranjeet Kumar Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

6   18-03-2026                    C.W.J.C. No. 12784 of 2024 was disposed of on 29th

                   August, 2024, directing the petitioner to submit a representation

                   within two weeks from the date of the order mentioning his

                   claim to the respondent no. 3 and if such representation is filed

                   by the petitioner, the respondent no. 3 shall disposed of the same

                   within 60 days from the date of filing of the representation.

                                 2. Accordingly, the petitioner submitted representation
           Patna High Court MJC No.1472 of 2025(6) dt.18-03-2026
                                                       2/2




                     before the respondent no. 3 and the respondent no. 3 disposed of

                     the said representation holding, inter alia that the petitioner is

                     not entitled to get 2nd A.C.P.

                                  3. It is contended on behalf of the petitioner by filing

                     the instant contempt application that the decision taken in the

                     said representation is wrong and contrary to the law prevailing

                     the issue.

                                  4. This matter cannot be decided in the instant writ

                     petition. However, if the petitioner is aggrieved against the

                     impugned order of disposal of the representation, he is at liberty

                     to challenge the matter in fresh writ petition.

                                  5. The instant contempt application is, accordingly,

                     decided against the petitioner.



                                               (Bibek Chaudhuri, J)
Jyoti Kumari/-

U


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