Patna High Court
Chandra Mouleshwar and OrsversusThe State Of Bihar Through Mr. Sanjay Kumar, The Principal Secretary, Department Of Health, Governm
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
Holding
The contempt petition is dismissed as withdrawn because the respondents complied with the earlier order.
Summary
The petitioners, four residents of Murgaon village, filed a contempt petition against the State of Bihar and several health officials, alleging non‑compliance with a prior order dated 28‑07‑2016 in Civil Writ Jurisdiction Case No.8396 of 2014. During the pendency of the contempt petition, the petitioners’ counsel informed the court that the respondents had complied with the earlier order. The petitioners therefore sought the court’s permission to withdraw the contempt petition as it had become infructuous. The court examined the claim of compliance and found no objection to the withdrawal. Consequently, the court granted permission to withdraw and dismissed the contempt petition as withdrawn. The order reflects the court’s practice of allowing withdrawal of contempt proceedings when the underlying direction has been fulfilled.
Issues considered
- Whether the contempt petition can be withdrawn after the respondents have complied with the earlier court order?
Subjects
- contempt of court
- withdrawal of petition
- compliance with order
- high court jurisdiction
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2188 of 2018
In
Civil Writ Jurisdiction Case No.8396 of 2014
======================================================
1. Chandra Mouleshwar Son of Late Mithila Sharan
2. Shivmurti Amar Nath Son of Late Mithila Sharan
3. Madhu Sweta Sinha Daughter of Late Mithila Sharan
4. Nutan Kumari Daughter of Late Mithila Sharan
All residents of Village and P.O. Murgaon, P.S. MULASGANJU, Via-
Islampur, District- Jehanabad, Pin 801303 (Bihar).
... ... Petitioner/s
Versus
1. The State Of Bihar Through Mr. Sanjay Kumar, The Principal Secretary,
Department Of Health, Government of Bihar, Patna.
2. Dr. H.N. Diwakar, the Director-in-Chief, Health Services, Government of
Bihar, Patna.
3. Mr. Tyag Ranjan, the District Magistrate, Nalanda
4. Dr. Subodh Prasad Singh, the Civil Surgeon-cum-Chief Medical Officer,
Nalanda.
5. Dr. Raj Kumar Raju, the Deputy Superintendent, Sub-Divisional Hospital,
Hilsa, Nalanda.
6. Dr. Shailendra Kumar, the Medical Officer (I/C), Referal Hospital,
Islampur.
7. Mr. Sanjay Prasad, the Treasury Officer, Hilsa, Nalanda.
8. Mr. S. Suresh Kumar, the Accountant General (A & E), Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Mishra, Advocate
For the State : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 05-05-2026 Mr. Rohit Mishra, learned counsel for the petitioners
submits that during the pendency of the contempt petition, the
order of this Court dated 28.07.2016 passed in C.W.J.C. No.
8396 of 2014 has been complied with and as such he seeks
permission to withdraw the contempt petition as having become
infructuous.
2. Permission is accorded.
Patna High Court MJC No.2188 of 2018(3) dt.05-05-2026
2/2
3. The contempt petition stands dismissed as
withdrawn as having become infructuous.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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