Patna High Court
Om PrakashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for contempt was dismissed and the matter was disposed of, with the petitioner permitted to challenge the corporation's order separately.
Summary
Om Prakash filed a petition seeking contempt proceedings against the Managing Director of Bihar State Food and Civil Supplies Corporation (BSFC) for allegedly disobeying a High Court order dated 21 September 2017, which required the corporation to examine his claim and pay admitted dues. The court noted that the MD had issued a memo on 11 May 2019 indicating that the claim was negated. The petitioner was given liberty to challenge that memo, but the court did not order contempt proceedings. Consequently, the petition (MJC No. 1978 of 2018) was disposed of, with the petitioner left free to pursue any further challenge against the corporation’s order.
Issues considered
- Whether the Managing Director's refusal to comply with the High Court's order amounts to contempt of court
- Whether a petition for contempt is maintainable in the circumstances
Subjects
- contempt of court
- writ jurisdiction
- civil procedure
- government corporation
- non‑compliance with court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1978 of 2018
In
Civil Writ Jurisdiction Case No.11581 of 2017
======================================================
Om Prakash Son of Shri Bishwanath Prasad Resident of Chhotki Delha, P.S.-
Delha, District-Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Bihar State Food and Civil Supplies Corporation Ltd. Patna through its
Managing Director, BIhar, Patna.
3. Sri Pankaj Kumar Managing Director, Bihar State Food and Civil Supplies
Corporation Ltd. Bihar, Panta.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Bijay Kumar Sinha, Advocate
For BSFC : Mr. Shailendra Kr. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
9 30-04-2026 Heard Mr.Sanjeev Kumar, learned counsel for the
petitioner and the Mr. Shailendra Kumar Singh, learned counsel
for the opposite party as also the Mr. Bijay Kumar Sinha,
learned State counsel.
2. The present petition has been preferred for the
following relief/s:
(i) for initiating contempt proceeding
specially against the opposite party No 3
(The Managing Director, Bihar State Food
and Civil Supplies Corporation Ltd, Bihar,
Patna High Court MJC No.1978 of 2018(9) dt.30-04-2026
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Patna) and to award suitable punishment to
him for his willful disobedience flagrant
violation and non- compliance for the
Hon'ble Court's order dated 21.09.2017
passed in CWJC No 11581/2017 by which
the Hon'ble Court was pleased to dispose of
the writ application with a direction to the
petitioner to file a detailed representation
along with supporting material to show that
he has carried out the work of the value of
such amount along with the order and the
Managing Director, BSFC was directed to
examine the same and pay the admitted dues
to the petitioner.
3. The Writ Court, on 21.09.2017, directed the
Managing Director, BFSC to examine the case of the petitioner,
pay the admitted dues and if it comes to a different findings to
pass a reasoned order.
4. A show cause has come on behalf of the opposite
party no.03, the District Manager, Bihar State Food and Civil
Supplies Corporation Ltd, Gaya annexing the order vide memo
no. 5043 dated 11.05.2019 to show that the claim of the
Patna High Court MJC No.1978 of 2018(9) dt.30-04-2026
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petitioner, Om Prakash has been negated.
5. Granting liberty to the petitioner to challenge the
order, if he so wants, the MJC No. 1978 of 2018 is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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