Patna High Court
Sandhya PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
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
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