Patna High Court

Anil KumarversusThe State of Bihar

Decided: 18 April 2026
Disposal: WITHDRAWN
Bench: RAJEEV RANJAN PRASAD

Holding

The court held that no liberty need be granted; the petitioner may challenge the order in the appropriate jurisdiction.

Summary

Anil Kumar filed a petition seeking liberty to challenge a reasoned order issued by the Commercial Taxes Department of Bihar. The petitioner argued that the contempt application had become infructuous and requested the court to grant him liberty to contest the order. The court examined whether it was necessary to grant such liberty. It held that no liberty needed to be granted because the petitioner could always approach the appropriate jurisdiction to challenge the order. Consequently, the application was disposed of without granting any special liberty.

Issues considered

Whether the court should grant liberty to the petitioner to challenge the reasoned order issued by the opposite party

Subjects

contempt
liberty to challenge
jurisdiction
order disposal
civil writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2177 of 2022
                                                     In
                               Civil Writ Jurisdiction Case No.18093 of 2015
                 ======================================================
                 Anil Kumar, Son of Late Kalika Raman Sinha, Resident-Near Patna St.
                 Michaels School, Ashok Nagar Road No.3, Kankarbag, Sampatchak, Patna,
                 Bihar-800020.                                            ... ... Petitioner
                                                   Versus
            1.    The State of Bihar through the Commissioner-Cum-Secretary, Commercial
                  Taxes Department, Government of Bihar.
            2.   Dr. Pratima, Commissioner-cum-Secretary, Commercial Taxes Department,
                 Government of Bihar.
            3.    Pankaj Kumar Sinha, Additional Commissioner Cum Joint Secretary,
                  Commercial Taxes Department, Government of Bihar.
                                                                    ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Siddharth Prasad, Advocate
                 For the Opposite Party/s :     Mr. Piyush Kumar Pandey, AC to SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

3   18-04-2026                  Mr. Siddharth Prasad, learned counsel for the petitioner

                 submits that so far as the contempt application is concerned, it has

                 become infructuous. Learned counsel, however, submits that liberty

                 may be granted to the petitioner to challenge the reasoned order.

                              2. In the opinion of this Court, no liberty is required to be

                 granted by this Court. If the petitioner is aggrieved by the order

                 passed by the Opposite Party, it is always open to the petitioner to

                 challenge it in appropriate jurisdiction.

                              3. This application stands disposed of accordingly.



                                          (Rajeev Ranjan Prasad, J)
SUSHMA2/-
U

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