Patna High Court
Sanjay KumarversusThe State of Bihar through Additional Chief Secretary, Arunish Chawla
- Decided
- Disposal
- DISPOSED
- Bench
- BIBEK CHAUDHURI
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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