Patna High Court

Md. Jamaluddin @ JamaludinversusThe State of Bihar through Dr. Ashmina Jain, the Secretary

Decided: 16 January 2026
Disposal: DISPOSED
Bench: HARISH KUMAR

Holding

The contempt petition is dismissed as it has already been disposed of in identical terms, with liberty to move the Court afresh if the order is violated.

Summary

The petitioners, a group of shop owners in Chapra, filed a contempt petition challenging the alleged non‑compliance of an order dated 27 June 2023 passed in CWJC No. 12027 of 2019. The Court noted that a coordinate bench had already entertained a similar contempt proceeding (MJC No. 2144 of 2024) and, on finding false news published by a newspaper, had disposed of that petition with liberty to the petitioners to approach the Court again if the order was violated. Since CWJC No. 9693 of 2019 was disposed of in terms of the same order and the subsequent contempt application in MJC No. 2144 of 2024 was also disposed of, the present contempt petition was deemed to be identical. Accordingly, the Court closed the petition, granting the same liberty to move the Court afresh should the order be breached. The judgment therefore dismisses the contempt petition without further inquiry.

Issues considered

Whether the present contempt petition is maintainable given the prior disposal of identical proceedings.
Whether the petitioners are entitled to a fresh contempt proceeding if the order dated 27‑06‑2023 is violated.

Subjects

contempt of court
non‑compliance of judicial order
municipal corporation
procedural disposal
liberty to move afresh

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.2100 of 2024
                                          In
                    Civil Writ Jurisdiction Case No.9693 of 2019
     ======================================================
1.    Md. Jamaluddin @ Jamaludin S/o- Asraf Ali, R/o Village- Bara Telpa
      Chowk, P.S.- Town Thana, Saran, Chapra, being in Shop No.- 22/A, Sarkari
      Bazar, Chapra.
2.   Suraj Prasad @ Suraj Kumar, S/o- Nandlal Prasad, R/o village- Mainaneem,
     Daldali Bazar, P.S.- Town Thana, Saran, Chapra, being in Shop No.- 10/F,
     Sarkari Bazar, Chapra.
3.   Gulam Haider, S/o Md. Jamaluddin R/o Village- Bara Telpa Chowk, P.S.-
     Town Thana, Saran, Chapra being in Shop No.- 22/B, Sarkari Bazar, Chapra.
4.   Nandlal Prasad, S/o- Ram Prasad, R/o village- Mainaneem, Daldali Bazar,
     P.S-Town Thana, Saran, Chapra, being in Shop No.- 9/B, Sarkari Bazar,
     Chapra.
5.   Laxmi Devi, W/o- Binay Kumar Gupta, R/o- Mohalla- Arya Nagar,
     Imamganj, P.S.-Town Thana, Chapra, Saran being in Shop No.- 3B/D,
     Sarkari Bazar, Chapra.
6.   Bharat Prasad, S/o- Gatilal Sah, R/o- Village- Maina, P.S.- Town Thane,
     Saran, Chapra being in Shop No.- 9/F, Sarkari Bazar, Chapra.
7.   Kundan Kumar, S/o- Shatrudhan Kumar, R/o- Indra Nagar Sarkari Bazar,
     P.S.-Town Thana, Chapra, Saran being in Shop No.- 5A/B, Sarkari Bazar,
     Chapra.
8.   Kamal Kumar, S/o- Ram Nath Prasad, R/o- Indra Nagar Sarkari Bazar, P.S.-
     Town Thana, Chapra, Saran being in Shop No.- 6/F, Sarkari Bazar, Chapra.
9.   Keshav Prasad, S/o- Ram Pal Sah, R/o- Village- Maina, P.S.-Town Thana,
     Chapra, Saran being in Shop No.- 1/E, Sarkari Bazar, Chapra.
10. Raju Prasad, S/o- Shivnath Prasad, R/o- Village- Maina, Daldali Bazar, P.S.-
    Town Thana, Saran, Chapra being in Shop No.-13/A, Sarkari Bazar, Chapra.
11. Nand Kishore, S/o- Gopaljee Sah, R/o- Kachahri Bagh, P.S.-Town Thana,
    Chapra, Saran being in Shop No.- 2/A, Sarkari Bazar, Chapra.
12. Bhola Kumar Sah, S/o- Ramji Prasad, R/o- Sahebganj, Sonarpatti, P.S.-
    Town Thana, Chapra, Saran being in Shop No.-17/E, Sarkari Bazar, Chapra.
13. Shyam Sunder Prasad, S/o- Ram Prasad Sah, R/o- Maina Pakri, Moorti
    House, P.S.-Town Thana, Chapra, Saran being in Shop No.-16A/F, Sarkari
    Bazar, Chapra.
14. Rajendra Prasad, S/o- Ram Prasad, R/o- Daldali Bazar, Chapra, Saran being
    in Shop No.-16/F, Sarkari Bazar, Chapra.
15. Pankaj Kumar @ Pankaj Sharma, S/o- Bharat Sharma, R/o- Ward No.- 39,
    Chota Telpa, Chapra, Saran being in Shop No.-15/E, Sarkari Bazar, Chapra.

                                                               ... ... Petitioner/s
                                  Versus
1.   The State of Bihar through Dr. Ashmina Jain, the Secretary Urban
         Patna High Court MJC No.2100 of 2024(8) dt.16-01-2026
                                                     2/3




                 Development and Housing Department, Government of Bihar, Patna.
           2.    Dr. Ashima Jain, the Secretary, Urban Development and Housing
                 Department, Government of Bihar, Patna.
           3.    Chapra Municipal Corporation, through Sh. Sumit Kumar, the Municipal
                 Commissioner, Chapra.
           4.    Sh. Sumit Kumar, the Municipal Commissioner, Chapra Municipal
                 Corporation, Chapra.
           5.    Name not known to the petitioners, the Executive Officer, Chapra Municipal
                 Corporation, Chapra.
           6.    The Sasakt Sthai Samittee, Chapra Municipal Corporation, Chapra.
           7.    Sh. Aman Samir, the District Magistrate, Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Vagisha Pragya Vacaknavi, Adv.
                 For the Opposite Party/s :       Mr. Abbas Haider, Standing Counsel 6
                 For the O.P. Nos. 3 to 6 :       Mr. Indu Bhushan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

8   16-01-2026                  Heard the parties.

                                2.This Court is apprised that in identical matter for

                   initiation of contempt proceeding against the contemnor-

                   opposite parties for deliberate and wilful disobedience of the

                   order dated 27.06.2023 passed in CWJC No. 12027 of 2019, a

                   co-ordinate Bench of this Court in MJC No. 2144 of 2024 has

                   been pleased to accept the show cause filed on behalf of the

                   opposite party Municipal Corporation, Chapra and observed that

                   on account of          false news published on 19.06.2024 by the

                   newspaper, now they have been contemplating action against

                   the said newspaper, the contempt petition stood disposed of with

                   liberty to the petitioner to move this Court afresh if the order is
           Patna High Court MJC No.2100 of 2024(8) dt.16-01-2026
                                                       3/3




                     violated.

                                  3. Considering the fact that CWJC No. 9693 of 2019

                     was disposed of in terms with the order passed in CWJC No.

                     12027 of 2019 and now the application for initiation of

                     proceeding for non compliance of the order dated 27.06.2023

                     passed in CWJC No. 12027 of 2019, in MJC No. 2144 of 2024

                     has also been disposed of with the aforesaid liberty, the present

                     contempt petition also stands disposed of in identical terms as

                     has been passed in MJC No. 2144 of 2024.

                                  4. The contempt petition stands closed with the liberty

                     aforesaid.



                                                 (Harish Kumar, J)
Anjani/-

U

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