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Patna High Court

Yatindra Kishore Kushwaha,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition was disposed of as there was no ground for contempt where the order had been complied with.

Summary

The petitioner, Yatindra Kishore Kushwaha, filed a contempt petition against the State of Bihar and its officials seeking initiation of contempt proceedings for alleged willful disobedience of an earlier order dated 29 January 2020 in CWJC No. 23216 of 2019. The petitioner claimed that although the order had been complied with, his grievance remained unredressed. Counsel for the petitioner informed the court that the substantive compliance had been achieved but the underlying grievance persisted. The court examined whether a contempt petition could be entertained when the statutory order was technically complied with, finding no basis for contempt. It granted the petitioner liberty to pursue any remaining grievance through appropriate channels. Consequently, the contempt petition was disposed of without any order of contempt.

Issues considered

  • What is the appropriate remedy when an order is complied with but the petitioner’s grievance remains unredressed?
  • Can a contempt proceeding be initiated against the opposite parties for alleged willful disobedience when compliance with the order has been shown?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order compliance
  • grievance redressal
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1831 of 2021
                                                      In
                               Civil Writ Jurisdiction Case No.23261 of 2019
                 ======================================================
                 Yatindra Kishore Kushwaha, Son of Late Basudeo Prasad Kushwaha,
                 Resident of -Rajendra Colony, Mirja Tola, Near K.P.M. Vidya Vihar, Sant
                 Kabir Road, P.S.-Bettiah Town, District-Bettiah, West Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Smt. Bandana Preyashi,
                 Co-operative Department, Government of Bihar, Patna
           2.    Smt. Bandana Preyashi,The Additional Chief Secretary, Co-Operative
                 Department, Government of Bihar, Patna.
           3.    Sri Rajesh Meena,The Registrat, Co-operative Societies, Co-operative
                 Department, Government of Bihar, Patna.
           4.    Sri Amit Kumar, The District Co-operative Officer, Sheikhpura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ayush Kumar, Advocate
                                        :      Ms. Lakshmi Kumari, Advocate
                 For the State          :      Mr. Uday Shankar Sharan Singh, GP-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   05-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                             “for initiation of contempt proceeding

                                    against the contemnors/opposite parties for their

                                    willful disobedience of the order dated 29.01.2020

                                    passed in CWJC No. 23216 of 2019.”

                                 3. It has been informed by learned counsel for the

                   petitioner that the order stands complied but the grievance has
            Patna High Court MJC No.1831 of 2021(3) dt.05-05-2026
                                                        2/2




                      not been redressed.

                                   4. Granting liberty to the petitioner to agitate the

                      matter, if any grievance still remains, the present contempt

                      petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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