Patna High Court
Dhannu Prasad SinghversusSri Vinay Kumar,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
No contempt of court is made out as the writ petition was dismissed, leaving no enforceable order to be disobeyed.
Summary
Petitioner Dhannu Prasad Singh filed a petition seeking initiation of contempt proceedings against the State Food and Civil Supply Department and related officials, alleging wilful non‑compliance with an order dated 12 July 2021 in CWJC No. 11458 of 2019. The State counsel argued that the order in question had been appealed by the Bihar State Food and Civil Supply Corporation Ltd. and that the appeal was allowed by a Division Bench on 16 January 2024. The Court noted that the original writ petition (CWJC No. 11458 of 2019) had been dismissed, and therefore there was no enforceable order to be disobeyed. Consequently, the Court held that no contempt could arise from the alleged non‑compliance. The petition was consequently disposed of without any contempt finding.
Issues considered
- Whether the alleged wilful non‑compliance with the order dated 12 July 2021 amounts to contempt of court.
- Whether the dismissal of CWJC No. 11458 of 2019 precludes the finding of contempt.
Subjects
- contempt of court
- writ jurisdiction
- order compliance
- appeal
- dismissal of writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1932 of 2021
In
Civil Writ Jurisdiction Case No.11458 of 2019
======================================================
Dhannu Prasad Singh Son of Late Yugal Rai, Resident of Sushila Niwas,
Baldev Bhawan Road, Near Anchal KIrana Store, Mohalla-Mohanpur,
Punaichak, P.S.-Shashtrinagar, District-Patna.
... ... Petitioner/s
Versus
1. Sri Vinay Kumar, Principal Secreary (Food Commissioner), Food and
Consumer Protection Department, Government of Bihar, Patna.
2. Sri VinayKumar Managing Director, Bihar Food and Civil Supply
Corporation Limited, Rohtas, Sasaram.
3. Sri Santosh Kumar, District Manager, Food and Civil Supply Corporation
Limited, Rohtas, Sasaram.
4. Sri Pravin Kumar Singh, Accountant General, Birchand Patel Pata, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha No.3
For the State : Md. Kamil Akhtar, AC to AAG-5
For BSFC : Mr. Shailendra Kr. Singh, Advocate
Mr. Utkarsh Utpal, Advocate
For A.G. : Mr. Sunil Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of Contempt of the Court
for wilfully and deliberately disobeyed and
not complied order dated 12.07.2021 passed
in CWJC No. 11458 of 2019 and for suitable
punish to the opposite parties.
3. Learned State cousnel submits that against the
Patna High Court MJC No.1932 of 2021(3) dt.11-03-2026
2/2
order in question for which the contempt has been filed, the
Bihar State Food and Civil Supply Corporation Ltd., Patna went
in appeal which was allowed by a Division Bench on
16.01.2024.
4. Let the order be kept on record.
5. In view of the fact that C.W.J.C. No. 11458 of
2019 has been dismissed by the writ court, no contempt is made
out.
6. The MJC No. 1932 of 2021 is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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