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Patna High Court

Kapildev Prasad Yadav,versusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn, and no contempt proceedings are instituted.

Summary

Petitioner Kapildev Prasad Yadav filed an application seeking a rule of contempt against several officials for allegedly disobeying a High Court order dated 30 July 2019 in CWJC No.13945/2014, which had directed the petitioner to approach the Zila Parishad. The petitioner later claimed the petition had become infructuous and requested its withdrawal. The Court considered whether contempt proceedings could be entertained and whether a petition could be withdrawn after being filed. Finding that the petitioner no longer required the relief, the Court allowed the withdrawal. Consequently, the miscellaneous jurisdiction case (MJC No.1853 of 2021) was dismissed as withdrawn.

Issues considered

  • Whether the petitioner is entitled to a rule of contempt against the opposite parties for alleged non‑compliance with the order dated 30‑07‑2019.
  • Whether the petition can be withdrawn as infructuous after filing.

Subjects

  • contempt of court
  • withdrawal of petition
  • writ jurisdiction
  • administrative authority
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1853 of 2021
                                                      In
                              Civil Writ Jurisdiction Case No.13945 of 2014
                 ======================================================
                 Kapildev Prasad Yadav, son of Late Jagdish Prasad Yadav, Resident of
                 Village-Musaharnia, P.S.-Sour Bazar, District-Saharsa.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sri Chandrashekhar Singh, The Director Panchayti Raj, Bihar New
                 Secretariat, Patna.
           3.    Sri Nitin Kumar Singh, The District Development Commissioner, Zila
                 Parishad, Dist-Madhepura.
           4.    Sri Vinod Kumar Singh (the than) The Chief Executive Officer, Zila Parisad,
                 Dist-Madhepura.
           5.    Sri Nitin Kumar Singh, The Chief Executive Officer, Zila Parisad, District-
                 Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :      Mr.Ajay (Ga 5)
                                                 Mr. Rakesh Kumar Ranjan, AC-GA
                 For Zila Parishad        :      Mrs. Sunita Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                       Heard the parties.

                                2. The present application has been preferred for:

                                                              “issuance      of     rule     of

                                                  contempt against the Opp. Parties for

                                                  suitable convict them for disobeying

                                                  the order dt. 30.07.2019 passed in

                                                  CWJC No. 13945/2014 by Hon'ble

                                                  Mr. Justice Madhuresh Prasad by
         Patna High Court MJC No.1853 of 2021(3) dt.12-03-2026
                                                     2/2




                                                    which disposed of with lib -erty to the

                                                    petitioner to approach before the

                                                    Respondent No. 4, claim of the

                                                    petitioner has to be considered

                                                    subject to Rule/Scheme applicable to

                                                    the respondent Parishad and fur ther

                                                    initiate contempt proceeding against

                                                    the opposite parties to breach of the

                                                    order of this Hon'ble Court dated

                                                    30.07.2019.”

                                3. Learned counsel for the petitioner submits that the

                   petition has become infructuous and as such, he may be

                   permitted to withdrawn the petition.

                                4. Accordingly, MJC No. 1853 of 2021 stands

                   dismissed as withdrawn.



                                                            (Rajiv Roy, J)
atul/-

U


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