Created by Fuzzy Cloud

Patna High Court

Jagdish SahversusThe State of Bihar through mr. Santosh Kumar Mall, Principal Secretary

Decided
Disposal
DISPOSED

Holding

The contempt applications were disposed of as infructuous because the petitioners had complied with the earlier order.

Summary

The petitioners, including Radha Devi, Jagdish Sah, and Lalan Kumar Mishra, filed writ petitions against the State of Bihar and several officials of the Minor Water Resources Department alleging non‑compliance with earlier court orders. The State filed a show‑cause notice, and the petitioners submitted that they had complied with the court’s previous directions. The primary issue before the Court was whether the pending contempt applications should proceed given the alleged compliance. The Court examined the submissions and the show‑cause notice and found that the petitioners had indeed complied with the earlier order. Consequently, the Court held that the contempt applications were no longer viable and disposed of them as infructuous. The order was pronounced by Justice Anil Kumar Sinha on 16‑01‑2026.

Issues considered

  • Whether the petitioners complied with the earlier court order
  • Whether the contempt applications should be entertained in view of the alleged compliance

Subjects

  • contempt
  • civil writ jurisdiction
  • compliance
  • show cause notice
  • High Court
  • Minor Water Resources Department

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                Miscellaneous Jurisdiction Case No.2060 of 2024
                                       In
                 Civil Writ Jurisdiction Case No.15106 of 2023
     ======================================================
     Radha Devi Son of Late Sunil Sah, Resident of Ward No. 40, Lane No. 07,
     Chandan Bagh, Munger, Bihar-811201.

                                                                ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through Mr. Santosh Kumar Mall, Principal Secretary
     Minor Water Resources Department, Govt. of Bihar, Patna.
2.   Mr. Sushant Kumar, Deputy Secretary to the Government, Minor Water
     Resources Department, Govt. of Bihar, Patna.
3.   Mr. Roshan Kushwaha, District Magistrate, Begusarai.
4.   Mr. Somesh Bahadur Mathur, Deputy Development Commissioner,
     Begusarai.
5.   Mr. Somesh Bahadur Mathur, Director, District Rural Development Agency,
     Begusarai.
6.   Mr. Dharamveer Kumar Prabhakar, Block Development Officer, Begusarai
     Sadar, Begusarai.

                                            ... ... Opposite Party/s
     ======================================================
                                         with
                 Miscellaneous Jurisdiction Case No. 2061 of 2024
                                        In
                  Civil Writ Jurisdiction Case No.15080 of 2023
     ======================================================
     Jagdish Sah Son of Late Ram Pratap Sah, Resident of Ward No. 22, Chatti
     Road, Miyachak, Begusarai, Bihar-851101.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through mr. Santosh Kumar Mall, Principal Secretary
     Minor Water Resources Department, Govt. of Bihar, Patna.
2.   Mr. Santosh Kumar Mal, Principal Secretary, Minor Water Resources
     Department, Govt. of Bihar, Patna.
3.   Mr. Roshan Kushwaha, District Magistrate, Begusarai.
4.   Mr. Somesh Kumar Mathur, Deputy Development                  Commissioner,
     Begusarai.
5.   Mr. Sudama Prasad, Block Development Officer, Begusarai Sadar,
     Begusarai.

                                            ... ... Opposite Party/s
     ======================================================
                                         with
Patna High Court MJC No.2060 of 2024(6) dt.16-01-2026
                                            2/3




                   Miscellaneous Jurisdiction Case No. 2062 of 2024
                                            In
                    Civil Writ Jurisdiction Case No.13517 of 2023
       ======================================================
       Lalan Kumar Mishra Son of Bhuneshwar Mishra, Resident of Bidupur
       Bazaar, Bidupur, Vaishali, Bihar-844503.

                                                                      ... ... Petitioner/s
                                        Versus
  1.    The State of Bihar through Mr. Santosh Kumar Mall, Principal Secretary
        Minor Water Resources Department, Govt. of Bihar, Patna.
  2.    Mr. Sushant Kumar, Deputy Secretary to the Government, Minor Water
        Resources Department, Govt. of Bihar, Patna.
  3.    Mr. Roshan Kushwaha, District Magistrate, Begusarai.
  4.    Mr. Somesh Bahadur Mathur, Deputy Development Commissioner,
        Begusarai.
  5.    Mr. Somesh Bahadur Mathur, Director, District Rural Development Agency,
        Begusarai.
  6.    Mr. Dharamveer Kumar              Prabhakar,     Block   Development    Officer,
        Bhagwanpur, Begusarai.

                                              ... ... Opposite Party/s
       ======================================================
                                                  with
                   Miscellaneous Jurisdiction Case No. 2063 of 2024
                                           In
                     Civil Writ Jurisdiction Case No.13520 of 2023
       ======================================================
       Lalan Kumar Mishra Son of Bhuneshwar Mishra Resident of Bidupur Bazaar,
       Bidupur, Vaishali, Bihar-844503.

                                                                 ... ... Petitioner/s
                                        Versus
  1.    The State of Bihar through Mr. Santosh Kumar Mall, Principal Secretary,
        Minor Water Resources Department, Govt. of Bihar, Patna.
  2.    Mr. Sushant Kumar, Deputy Secretary to the Government, Minor Water
        Resources Department, Govt. of Bihar, Patna.
  3.    Mr. Roshan Kushwaha, District Magistrate, Begusarai.
  4.    Mr. Somesh Kumar Mathur, Deputy Development                     Commissioner,
        Begusarai.
  5.    Mr. Somesh Bahadur Mathur, Director, District Rural Developmental
        Agency, Begusarai.
  6.    Mr. Dharamveer Kumar              Prabhakar,     Block   Development    Officer,
        Bhagwanpur, Begusarai.

                                              ... ... Opposite Party/s
       ======================================================
           Patna High Court MJC No.2060 of 2024(6) dt.16-01-2026
                                                       3/3




                  Appearance :
                  (In Miscellaneous Jurisdiction Case No. 2060 of 2024)
                  For the Petitioner/s     :       Mr. Nikhil Kumar Agrawal, Advocate
                                                   Ms. Aditi Hosaria, Advocate
                                                   Mr. Keshar Bhardwaj, Advocate
                  For the State            :       Mr. Akhileshwar Singh, AC to GA-2

                  (In Miscellaneous Jurisdiction Case No. 2061 of 2024)
                  For the Petitioner/s     :       Mr. Nikhil Kumar Agrawal, Advocate
                  For the Opposite Party/s :       Mr. Additional Advocate General 4

                  (In Miscellaneous Jurisdiction Case No. 2062 of 2024)
                  For the Petitioner/s     :       Mr. Nikhil Kumar Agrawal, Advocate
                  For the State            :       Mr. Santosh Chandra Bhaskar, AC to GP-11

                  (In Miscellaneous Jurisdiction Case No. 2063 of 2024)
                  For the Petitioner/s     :       Mr. Nikhil Kumar Agrawal, Advocate
                  For the State            :       Mr. Santosh Chandra Bhaskar, AC to GP-11
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

6    16-01-2026                   Mr. Nikhil Kumar Agrawal, learned counsel for the

                     petitioners appeared thorough virtual mode.

                                  2. Mr. Nikhil Kumar Aggrawal, learned counsel for

                     the petitioners submits that the order passed by this Court in

                     these cases, have been complied.

                                  3. A show cause has been filed by the State in the

                     Court which is directed to be kept on record.

                                  4. Considering the submissions made by learned

                     counsel for the petitioners, the present contempt applications is

                     disposed of as infructuous.



                                              (Anil Kumar Sinha, J)
Siwani/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.