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Patna High Court

Sushma KumariversusThe State of Bihar through Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The Court held that the contempt petition lacks merit and is therefore disposed of.

Summary

The petitioner, Sushma Kumari, filed a contempt petition alleging that the State of Bihar and its officials willfully disobeyed an order dated 30 April 2019 issued in Civil Writ Jurisdiction Case No.19162 of 2015. The petition sought initiation of contempt proceedings and appropriate punishment for the alleged non‑compliance. The respondents filed a show‑cause memorandum (Annexure‑A) indicating that the Head of the Leprosy Department had, by memo dated 20 January 2022, negated the petitioner’s claim. The Court examined the show‑cause and found no basis to proceed with contempt. Consequently, the Court granted the petitioner liberty to pursue the matter through other appropriate avenues and disposed of the contempt petition. The order effectively dismisses the contempt application without imposing any penalty.

Issues considered

  • Whether the respondents’ actions constitute willful and deliberate disobedience of the order dated 30‑04‑2019, warranting contempt proceedings.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • non‑compliance
  • health department
  • leprosy eradication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1917 of 2021
                                                       In
                                Civil Writ Jurisdiction Case No.19162 of 2015
                 ======================================================
                 Sushma Kumari Daughter of Late Om Prakash Resident of Shukul Gali,
                 Shvijganj, P.S. and District Bhojpur at Ara, presntly residing at L.B.S. Path,
                 Police Colony, P.S. Anisabad, District- Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna- Sri
                 Tripurari Sharan, IAS.
           2.    The Principal Secretary, Department of Health, Bihar, Patna
           3.    The Director - in - Chief, Health Department, Govt. of Bihar - Dr. Navin
                 Chandra Prasad.
           4.    The Joint Director - Cum- State Programme Officer, Bihar Dr. S.S. Pandey.
           5.    The Joint Director, Health Services, Bihar, Patna - Dr. S.S. Pandey.
           6.    The District Magistrate, Bhojpur - Sir Raushan Kushwaha, IAS
           7.    The Chief Medical Officer - cum- Civil Surgeon, Bhojpur, Dr. Laliteshwar
                 Prasad Jha.
           8.    The District Leprosy Eradication Officer, Bhojpur - Dr. Binod Kumar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajesh Kumar
                 For the Opposite Party/s :        Mr.S.D. Yadav(Aag 9)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   11-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiating a proceeding of contempt as

                                              well also inflicting suitable punishment to

                                              the opposite parties for causing willful,

                                              deliberate disobedience for non-compliance
         Patna High Court MJC No.1917 of 2021(2) dt.11-03-2026
                                                     2/2




                                           of order/judgment dated 30.04.2019, passed

                                           in C.W.J.C. No. 19162 of 2015, by Hon'ble

                                           Mr. Justice Madhuresh Prasad (as His

                                           Lordship then was).

                                3. The show cause of the opposite party as Annexure-

                   A showing the reasoned order passed by the Head of Leprosy

                   Department, Health Services, Bihar, Patna communicated vide

                   memo no. 32 dated 20.01.2022 to show that the claim of the

                   petitioner has been negated.

                                4. Granting liberty to the petitioner to agitate the

                   matter, the contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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