Patna High Court

Kumar Ajit SinhaversusThe State of Bihar

Decided: 3 April 2026
Disposal: DISMISSED
Bench: ANSHUMAN

Holding

The contempt proceeding is dropped and the petition dismissed as the order has already been passed and the petitioners must seek redress before the appropriate authority.

Summary

The petitioners, three private individuals, filed a Miscellaneous Jurisdiction petition before the Patna High Court challenging an order issued in compliance with a previous Civil Writ Jurisdiction order dated 07-02-2025 in CWJC No. 2262 of 2017. They alleged that the order was erroneous, while the State of Bihar contended that the order had been correctly implemented. The Court examined the record and observed that the order in question had already been passed, leaving the petitioners no further remedy in this proceeding except to approach the appropriate authority. Consequently, the Court held that the contempt proceeding could not continue. The petition was therefore dismissed and the contempt proceeding dropped.

Issues considered

Whether the order passed in compliance with CWJC No. 2262 of 2017 is erroneous and liable to be set aside.
Whether the High Court has jurisdiction to entertain a contempt petition in these circumstances.
Whether the petitioners have any other remedy besides approaching the appropriate authority.

Subjects

contempt proceeding
civil writ jurisdiction
administrative order
high court jurisdiction
petition dismissal
state of Bihar

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.1563 of 2025
                                         In
                   Civil Writ Jurisdiction Case No.2262 of 2017
     ======================================================
1.    Kumar Ajit Sinha S/o Late Gopal Jee, Resident of 7 H.F.-5/26, Bahadurpur
      Housing Colony, P.S.- Kankarbagh, District- Patna, Pin- 800026.
2.   Shailendra Kumar Shrivastava S/o Sri Sumant Lal, Resident of Mohalla-
     Sohanipatti, Ward No. 31, P.S. and District- Buxar, Presently C/o Ashutosh
     Kumar Shrivastava, Sri Raghunath Prasad Girls School, Lohiya Nagar, P.S.
     Kankarbagh, District- Patna.
3.   Anand Kumar Singh S/o Sri Lallan Singh, Resident of Mohalla- Lalganj,
     P.S. Karvi (Dumraon), District- Buxar.

                                                                 ... ... Petitioner/s
                                       Versus

1.   The State of Bihar
2.   Mr. K. Santhil Kumar, I.A.S., Son of not known to the petitioner, Principal
     Secretary, Planning and Development Department, Government of Bihar,
     Patna.
3.   Mr. Himanshu Kumar Rai, I.A.S., Son of not known to the petitioner,
     Special Secretary, Planning and Development Department Government of
     Bihar, Patna.
4.   Mr. Arvind Kumar Singh Son of not known to the petitioner, Joint Director,
     Planning and Development Department, Bihar, Patna.
5.   Mr. Dr. Baidyanand Singh Son of not known to the petitioner, Director of
     Economics and Statistics, Planning and Development Department, Bihar,
     Patna.
6.   Mr. Rahul Ranjan Son of not known to the petitioner, District Statistical
     Officer, Saran at Chapra.
7.   Mr. Alok Raj Son of not known to the petitioner, Chairman, Bihar State Staff
     Selection Commission, Patna.
8.   Mr. Sunil Kumar Son of not known to the petitioner, Secretary, Bihar State
     Staff Selection Commission, Patna.


                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr. Rajesh Mohan, Advocate
     For the Opposite Party/s :   Mr. Sanjay Kumar, AC to GP-7
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
         Patna High Court MJC No.1563 of 2025(3) dt.03-04-2026
                                                     2/2




                                                  ORAL ORDER

3   03-04-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                2. Learned counsel for the petitioners submits that,

                   though an order has been passed in compliance with the order

                   dated 07.02.2025 passed in CWJC No. 2262 of 2017, the said

                   order is erroneous. Therefore, he is fully aggrieved.

                                3. Learned counsel for the State submits that the order

                   has been duly complied with in its true spirit.

                                4. In view of the above and upon perusal of the

                   record, it transpires to this Court that the order has been passed,

                   therefore, the only liberty left to the petitioners is to challenge

                   the same before the appropriate authority.

                                5. Accordingly, the contempt proceeding is hereby

                   dropped, and the present MJC petition is dismissed.



                                                                 (Dr. Anshuman, J.)

Aman Kumar/-

U

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