Created by Fuzzy Cloud

Patna High Court

Sandhya PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to challenge the order dated 3 May 2018 and disposed of the contempt petition.

Summary

Sandhya Prasad filed a contempt petition before the Patna High Court seeking liberty to challenge an order dated 3 May 2018 issued by the Commissioner, Munger Division, which was passed in compliance with the Court's earlier order dated 23 January 2018 in CWJC No.1267 of 2018. The petitioner argued that she needed permission to approach other legal remedies to contest that order. The learned counsel for the opposite parties submitted that the order had already been issued as directed by the Court. The bench, after hearing the submissions, granted the petitioner liberty to challenge the 3 May 2018 order and disposed of the contempt petition on those terms. Consequently, the petition was dismissed without any further contempt proceedings.

Issues considered

  • What relief, if any, can be granted to a petitioner seeking liberty to challenge a lower authority's order issued in compliance with a prior court direction?

Subjects

  • contempt petition
  • civil writ jurisdiction
  • liberty to challenge
  • High Court order
  • procedural relief

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1682 of 2022
                                                       In
                                Civil Writ Jurisdiction Case No.1267 of 2018
                 ======================================================
                 Sandhya Prasad Wife of Pramod Kumar Sinha, Resident of Krishi Nagar,
                 P.O.- Aashiana Nagar, P.S.- Shastri Nagar, District- Patna.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Mr Amir Subhani, (IAS) (Male), Aged about Not
                 Known to this Petitioner, Chief Secretary, Government of Bihar, Patna.
           2.    Shri Alok Kumar (IFS), Male, Aged about Not Known to this Petitioner, Son
                 of Not Known to this Petitioner, Director, Integrated Child Development
                 Services, Second Floor, Indira Bhawan, Patna, Bihar 800001.
           3.    Mr Daya Nidhan Pandey (IAS), (Male), Aged about Not Known to this
                 Petitioner, Son of Not Known to this Petitioner, Divisional Commissioner,
                 Munger Division, Munger.
           4.    Mr. Alok Ranjan Ghosh, (I.A.S), (Male), Aged about Not Known to this
                 Petitioner, Son of Not Known to this Petitioner, District Magistrate,
                 Khagaria.
           5.    Mrs. Sunita, (Female), Aged about Not Known to this Petitioner, Daughter/
                 Wife of Not Known to this Petitioner, District Program Officer, Khagaria.
           6.    Mrs. Kiran Kumari, (Female), Aged about Not Known to this Petitioner,
                 daughter/ Wife of Not Known to this Petitioner, Child Development Project
                 Officer, Allauli, Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Prince Kumar Mishra, Adv.
                 For the Opposite Party/s :   Mr.Prashant Pratap (Gp2)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

2   13-02-2026                  At the outset, the learned counsel for the opposite

                   parties submits that in compliance of the order of this Court

                   dated 23.1.2018, passed in CWJC No. 1267 of 2018, the

                   Commissioner, Munger Division, Munger has passed a speaking

                   order dated 3.5.2018.

                   2.      In view of the aforesaid, the learned counsel for the
         Patna High Court MJC No.1682 of 2022(2) dt.13-02-2026
                                                     2/2




                   petitioner seeks liberty on behalf of the petitioner to challenge

                   the aforesaid order dated 3.5.2018, if so advised, by availing

                   such other remedies as are otherwise available under law.

                   Liberty, so sought, is granted.

                   3.      Accordingly, the present contempt petition stands

                   disposed off on the aforesaid terms.


                                           (Mohit Kumar Shah, J)

Ajay/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.