Patna High Court
Kapildev Prasad Yadav,versusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The petition is dismissed as withdrawn, and no contempt proceedings are instituted.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 The Court considered whether contempt proceedings could be entertained and whether a petition could be withdrawn after being filed.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 Consequently, the miscellaneous jurisdiction case (MJC No.1853 of 2021) was dismissed as withdrawn.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- Whether the petition can be withdrawn as infructuous after filing.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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