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Patna High Court

Krishna Nand AcharyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt application is dismissed as the respondents have complied with the earlier order.

Summary

Petitioner Krishna Nand Acharya filed a contempt application alleging that the State of Bihar and its officials had failed to comply with a judgment dated 9 April 2018 in CWJC No. 13460 of 2010, which directed them to regularize his service within three months of receipt of the order. The respondents contended that they had fully complied with the said order. The petitioner was unable to rebut this claim. The court examined the submissions and found no evidence of non‑compliance. Consequently, the contempt petition was dismissed and the application was disposed of.

Issues considered

  • Did the respondents fail to comply with the order dated 9 April 2018 in CWJC No. 13460 of 2010?
  • Should the contempt application be entertained in view of the alleged non‑compliance?

Subjects

  • contempt
  • non‑compliance
  • civil writ jurisdiction
  • regularization
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1513 of 2019
                                                      In
                                Civil Writ Jurisdiction Case No.13460 of 2010
                 ======================================================
                 Krishna Nand Acharya S/o Shri JIva Nand Acharya R/O Vill Karama,
                 P.S.Puraini , Distt-Madhepura

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Shri Ramjee Rai, aged about 57 years, Male,
                 Chief Engineer, Building Construction Department, North Bihar, Patna
           2.    Chanchal Kumar Principal Secretary, Department of Finance, Government
                 of Bihar, Patna
           3.    Varun Kumar Singh Superintending Engineer, Building Construction
                 Department, Saharsa
           4.    Madhusudan Kumar Karn Executive Engineer, Building Construction
                 Department, Saharsa Circle, Saharsa
           5.    Amarjeet Kumar Executive Engineer, Building Construction Department,
                 Madhepura Circle, Madhepura
           6.    Ram Avtar Neeraj Executive Engineer, PWD (Building Construction
                 Department), Purnea
           7.    Govind Kumar Assistant Engineer, Building Construction Department, Uda-
                 Kishanganj, Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Abhinav Srivastava
                 For the Opposite Party/s :   Mr.Amit Prakash (Ga13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

5   10-02-2026                     Heard learned counsel for the petitioner and

                   learned counsel for the opposite parties.

                                2. The instant contempt application has been filed

                   alleging non-compliance of the order and judgment dated

                   09.04.2018 passed in CWJC No. 13460 of 2010, whereby this

                   Court directed the opposite parties, including the Chief

                   Engineer, to consider the case of the petitioner and to grant him
           Patna High Court MJC No.1513 of 2019(5) dt.10-02-2026
                                                       2/2




                     the benefit of regularization from the date juniors were so

                     regularized, if applicable, within a period of three months from

                     the date of receipt/production of a copy of the said order.

                                  3. At this stage, learned counsel for the State submits

                     that the order dated 09.04.2018 passed in CWJC No. 13460 of

                     2010 has been duly complied with, to which learned counsel for

                     the petitioner is not in a position to controvert the said

                     submission.

                                  4. Accordingly, the instant contempt application

                     stands disposed of.



                                                   (Ajit Kumar, J)
shikha/-

U


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