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Patna High Court

Mostt. Shushma ShekharversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of as no contempt is established.

Summary

Shushma Shekhar filed a contempt petition seeking initiation of contempt proceedings against the State of Bihar and three officials for allegedly willfully disobeying an order dated 09-07-2021 in CWJC No.2549 of 2020. The opposite parties filed a supplementary show‑cause memorandum asserting that the required payment, together with interest at 9%, had already been made. The State counsel presented evidence of such payment before the Court. Justice Rajiv Roy granted the petitioner liberty to raise any further grievance if it persisted, but ultimately held that the contempt petition could be disposed of. Consequently, the petition was dismissed without any contempt finding.

Issues considered

  • Whether the opposite parties willfully disobeyed the order dated 09-07-2021 in CWJC No.2549 of 2020.
  • Whether the payment made with 9% interest satisfies the mandate of the earlier order.
  • Whether initiation of contempt proceedings is warranted in the circumstances.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • payment of dues
  • interest
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1951 of 2021
                                                      In
                                Civil Writ Jurisdiction Case No.2549 of 2020
                 ======================================================
                 Mostt. Shushma Shekhar W/o Late Himanshu Shekhar R/o Village Kovil,
                 Ishlampur, District Nalanda.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Mr. S. Siddarth, the Principal Secretary Department of Finance, Govt. of
                 Bihar, Patna.
           3.    Mr. Gorakhnath the Secretary Department of Finance Govt. of Bihar, Patna.
           4.    Mr. Arvind Kumar the Treasury Officer, Gaya, District Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Virendra Prasad, Advocate
                 For the State          :      Mr. Ajay Kumar Rastogi, AAG-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   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 09.07.2021

                                    passed in CWJC No. 2549 of 2020.”

                                 3. A supplementary show cause has filed on behalf of

                   the opposite party no.2 to 4 and learned State counsel has taken

                   this Court to the different chart to show that the payment

                   alongwith interest at the rate of 9 % has been made.
            Patna High Court MJC No.1951 of 2021(4) dt.05-05-2026
                                                        2/2




                                   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


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