Patna High Court
Bulet AnsariversusThe State of Bihar through the District Magistrate,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the order dated 12 July 2023 had been complied with, so no contempt could be established despite the affidavit defect.
Summary
The petitioners filed an application seeking contempt proceedings against the then District Magistrate of East Champaran for allegedly wilfully ignoring the court's order dated 12 July 2023 in Writ Petition No. 11339/2019. The District Magistrate submitted a show‑cause notice, but the affidavit accompanying it contained a blank paragraph and was deemed procedurally defective. The High Court examined whether the order had been complied with and whether the defect warranted dismissal of the show‑cause with costs. It found that the order of 12 July 2023 had indeed been complied with, rendering a contempt finding unnecessary. Although the affidavit flaw could have justified rejection, the Court chose only to caution the Magistrate to ensure proper completion of such documents in the future. Consequently, the contempt application was disposed of without any penalty.
Issues considered
- Did the District Magistrate wilfully and deliberately fail to comply with the order dated 12 July 2023?
- Is the show‑cause notice defective due to the incomplete affidavit?
- Should contempt proceedings be instituted against the District Magistrate?
Subjects
- contempt of court
- non‑compliance
- show cause notice
- affidavit defect
- district magistrate
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1605 of 2025
In
Civil Writ Jurisdiction Case No.11339 of 2019
======================================================
1. Bulet Ansari son of Islam Miyan Resident of Village- Indragacchi, Police
Station- Sangampur, Dist.- East Champaran (Motihari)
2. Subeh Tara wife of Sagir Ahmad Khan resident of Ward No. 9, Paschmi
Madhubani, Dariyapur, Police Station, Sangrampur, District- East
Champaran (Motihari)
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, East Champaran at
Motihari.
2. Sri Raman Kumar S/o- not known to the petitioner The then District
Magistrate, East Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asit Kumar Jha, Adv.
For the Opposite Party/s : Mr. Standing Counsel 7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 18-03-2026 Heard the parties.
2. The present application has been preferred for:
initiating the contempt proceeding against
the Contemnor - Opposite Party No. 2 for the wilful
and deliberate non-compliance of the order dtd.
12.07.2023 passed in the CWJC No. 11339/2019 which
the Court was pleased to disposed the above mentioned
writ petition with certain observation and direction to
the opposite party no. 2 namely the District Magistrate,
East Champaran, Motihari.
3. A show cause has come on behalf of the opposite party
no. 2, the then District Magistrate, East Champaran, Motihari
according to which, a decision has been taken dated 09.03.2026
Patna High Court MJC No.1605 of 2025(6) dt.18-03-2026
2/2
which is part of the show cause.
4. The petitioner will have the liberty to take appropriate
steps to agitate if they so want. This Court is satisfied that the order
stands complied.
5. Before parting, this Court must record its anguish on
the casual manner in completing the affidavit portion that is part of
the show cause. Neither the executant nor the G.P. of the said district
nor even the Oath Commissioner took into account that the paragraph
3 of the affidavit is blank inasmuch as neither the paragraphs which
are true to the knowledge nor information from records have been
completed.
6. Though the show cause was fit to be rejected on this
ground with cost, in view of the fact that the order stands complied,
cautioning the opposite party to ensure that in future, even if the G.P.
and the Oath Commissioner fails to inform him, he should ensure
that the column is filled before he puts in his signature, the MJC No.
1605 of 2025 is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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