Created by Fuzzy Cloud

Patna High Court

Sunaina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of as there is no maintainable cause for contempt proceedings.

Summary

Sunaina Devi filed a petition seeking contempt proceedings against the State of Bihar and several officials, alleging willful disobedience of an order dated 04‑03‑2021 issued in CWJC No. 21777 of 2018. The State responded with a show‑cause notice and relied on memo No. 828 dated 01‑09‑2023, indicating that the petitioner’s claim had already been rejected. The Court examined whether there was any remaining grievance that justified contempt proceedings. It granted the petitioner liberty to raise any further grievance, but found no basis to proceed with the contempt petition. Consequently, the contempt petition was disposed of without any order of contempt.

Issues considered

  • Whether the petitioner is entitled to initiate contempt proceedings for alleged willful disobedience of the order dated 04‑03‑2021
  • Whether the petitioner's claim remains viable after the State’s reliance on memo No. 828 dated 01‑09‑2023

Subjects

  • contempt of court
  • civil writ jurisdiction
  • state officials
  • petition disposal
  • show cause notice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1872 of 2021
                                                      In
                               Civil Writ Jurisdiction Case No.21777 of 2018
                 ======================================================
                 Sunaina Devi W/o Late Sushil Ray Resident of Village- Galimapur, P.O.-
                 Masharakh, P.S.- Taraiya, Distt- Chhapra (Saran).

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Department of Home,
                 Government of Bihar, Patna.
           2.    Sri Senthil K. Kumar, The Principal Secretary, Department of Home,
                 Government of Bihar, Patna.
           3.    Smt. Poonam, The Commissioner, Saran at Chapra.
           4.    Smt. Poonam, The District Magistrate, Saran at Chapra.
           5.    Shri Baldeo Chaudhary Deore, The Senior Deputy Collector, (General)
                 Saran at Chapra.
           6.    Shri Yogendra Kumar, The Sub-Divisional Officer, Madaura, Saran at
                 Chapra.
           7.    Miss Anku Gupta, The Circle Officer, Taraiya, Saran at Chapra.
           8.    Shri Krishna Kumar Singh, 1 The Block Development Officer, Taraiya,
                 Saran at Chapra.
           9.    Shri Ramawatar Sharma, The Accountant General, Bihar, Birchand Patel
                 Path, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kumar Binode Bariar, Advocate
                 For the State          :      Mr. Manish Kumar, GP-4
                 ======================================================
                 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 04.03.2021
            Patna High Court MJC No.1872 of 2021(3) dt.05-05-2026
                                                        2/2




                                      passed in CWJC No. 21777 of 2018.”

                                   3. A show cause has been filed by the opposite party

                      and learned State counsel Mr. Manish Kumar has taken this

                      Court to the memo no. 828 dated 01.09.2023 to show that the

                      claim of the petitioner has been rejected.

                                   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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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