Patna High Court
Lalan YadavversusThe State of Bihar through Mr. Sanjay Kumar, the Principal Secretary, Health Department
- Decided
- Disposal
- DISMISSED
- Bench
- MOHIT KUMAR SHAH
Holding
The contempt petition is dismissed as there was no positive direction to enforce.
Summary
Petitioner Lalan Yadav filed a contempt petition before the Patna High Court, alleging that the opposite parties had not complied with a positive direction issued in an earlier order dated 22.08.2024 in CWJC No. 12404 of 2024. The petitioner sought enforcement of that direction and claimed the respondents were in contempt of the court. The learned counsel for the petitioner argued that the earlier order required the respondents to take specific action, which they had failed to do. The court examined the record and noted that no positive direction had actually been issued by the court in the earlier order. Consequently, the court held that there was no basis for a contempt proceeding and dismissed the petition. The order was pronounced by Justice Mohit Kumar Shah on 03-07-2026.
Issues considered
- Whether a contempt petition is maintainable when the earlier order did not contain a positive direction requiring compliance by the respondents
Subjects
- contempt
- civil writ jurisdiction
- high court
- non-compliance
- order dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2041 of 2025
In
Civil Writ Jurisdiction Case No.12404 of 2024
======================================================
Lalan Yadav S/o- Vishnudev Yadav Resident of Village- Sikandra, P.S.-
Sikandra, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Sanjay Kumar, the Principal Secretary,
Health Department Govt. of Bihar, Patna.
2. Smt. Abhilasha Sharma, the District Magistrate, Jamui, Bihar.
3. Sri Madan Kumar Anand, the Superintendent of Police, Jamui, Bihar.
4. Sri Abhay Kumar Tiwari, the Sub Divisional Officer, Jamui, Bihar.
5. Dr. Md. Khushar Azami, the Medical Officer Incharge of Primary Health
Care Center, Sikandra, Jamui, Bihar.
6. Sri Ravikant, the Circle Officer, Sikandra, District- Jamui, Bihar.
7. Sri Lal Bahadur Singh, the Officer Incharge (SHO), Sikandra, District-
Jamui, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Archana Sinha, Sr. Adv.
Ms. Richa Rajiv Singh, Adv.
Ms. Swarna Roy, Adv.
Ms. Komal, Adv.
For the Opposite Party/s : Mr.Government Pleader (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
2 03-07-2026 At the outset, the learned counsel for the petitioner fairly
submits that no positive direction has been issued by this Court
qua the opposite parties, vide order dated 22.08.2024, passed in
CWJC No. 12404 of 2024, however the petitioner shall avail
such other remedies as are otherwise available under the law for
redressal of his subsisting grievances.
2. Accordingly, the present contempt petition stands
Patna High Court MJC No.2041 of 2025(2) dt.03-07-2026
2/2
dismissed.
(Mohit Kumar Shah, J)
Ajay/-
U
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