Patna High Court
Most. Anju KumariversusThe State of Bihar through the Secretary, Primary Education Department, Vikash Bhawan
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
No contempt was established and the contempt petition was dismissed.
Summary
Anju Kumari filed a contempt petition in the Patna High Court alleging that several officials of the State of Bihar willfully violated an order dated 10 August 2017 issued in Civil Writ Jurisdiction Case No. 3168 of 2016. The respondents filed a show‑cause memorandum stating that the required payment of Rs.3,12,255 with interest had been ordered to be credited to the petitioner’s account, as recorded in Memo No. 638 dated 21 March 2022. The court examined whether the alleged non‑compliance amounted to contempt of its earlier order. Finding that the payment had been directed and there was no evidence of willful disobedience, the court held that no contempt was made out. Consequently, the contempt petition was dismissed and the matter was disposed of.
Issues considered
- What constitutes contempt for wilful violation of a prior High Court order in a civil writ case?
- Does the issuance of a payment order and its recording in a memorandum negate the existence of contempt?
Subjects
- contempt of court
- civil writ jurisdiction
- order compliance
- payment decree
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2049 of 2021
In
Civil Writ Jurisdiction Case No.3168 of 2016
======================================================
Most. Anju Kumari Wife of late Sita Ram Singh At present resident of
Village, P.O. and P.S.- Hulashganj, District- Jehanabad, Pin Code- 804407,
Permanent Resident of Village and P.O.- Bathani, P.S.- Atri, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Primary Education Department,
Vikash Bhawan Bailey Road, Patna namely, Sri Jitendra Srivastava.
2. The Director, Primary Education, Education Department, Vikash Bhawan,
Secretariat, Bailey Road, Patna namely Dr. Ranjeet Kumar Singh.
3. The Collector, Jehanabad, District- Jehanabad, Sri Nawin Kumar.
4. The District Provident Fund Officer, Jehanabad, Sri Ravi Bhushan Pandey.
5. The District Programmed Officer (Establishment), District- Jehanabad,
namely Smt. Roushan Ara.
6. The Drawing and Disbursing Officer, Primary School, Narayanpur, Anchal
Ghosi Southern, District- Jehanabad, namely Smt. Roushan Ara.
7. The Treasury Officer, Jehanabad namely Sri Chandan Kumar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Sharma
For the Opposite Party/s : Mr.Ajay Kumar Rastogi (Aag 10)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
2. The petitioner has prayed for grant of following
relief :-
“1. That this contempt petition is filed
for initiation of contempt proceeding against the
opposite parties, who have willfully violated the
order dated 10.08.2017 passed in C.W.J.C.
No.3168 of 2016 delivered by Hon’ble Mr. Justice
Dinesh Kumar Singh.”
Patna High Court MJC No.2049 of 2021(3) dt.10-03-2026
2/2
3. The show cause has come on behalf of Opposite
Party and the learned State counsel has taken to this Court
according to which payment along with interest amounting to
Rs.3,12,255/- to be credited in his account in PNB. This has
been recorded in Memo No. 638 dated 21.03.2022.
4. In that background, in the present, no contempt is
made out and granting liberty to agitate the matter, the contempt
petition stands disposed of.
(Rajiv Roy, J)
sanjeev/-
U
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