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Patna High Court

Chandra BhushanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition was disposed of as the respondents had issued a reasoned order, and no basis for contempt was found.

Summary

The petitioner, Chandra Bhushan, filed a contempt petition against the State of Bihar and several education officials, alleging willful disobedience of an order dated 19 November 2019 issued in Civil Writ Jurisdiction Case No. 21063 of 2019. The respondents filed a show‑cause notice, and the State counsel produced a memorandum dated 24 July 2023 indicating that a reasoned order had been passed addressing the petitioner’s grievance. The court examined whether the respondents had indeed defied the earlier order and whether a contempt proceeding was warranted. Finding that the State had issued a reasoned order and that the petitioner could still raise any remaining grievance through appropriate channels, the court declined to entertain the contempt petition. Consequently, the contempt petition was disposed of, with liberty granted to the petitioner to approach the court again if any grievance persists.

Issues considered

  • Whether the respondents’ actions constitute willful disobedience of the order dated 19‑11‑2019, thereby attracting contempt proceedings.
  • Whether a reasoned order dated 24‑07‑2023 satisfies the requirement of compliance, negating the need for contempt proceedings.

Legislation cited

Subjects

  • contempt of court
  • civil writ jurisdiction
  • education department
  • compliance with court order
  • high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2379 of 2022
                                                       In
                              Civil Writ Jurisdiction Case No.21063 of 2019
                 ======================================================
                 Chandra Bhushan Son of Sri Sita Kant Choudhary, Resident of Mohalla-
                 Anandpuri, Police Station- S.K. Puri, District- Patna.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    Sri Deepak Kumar Singh, the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           3.    Sri Manoj Kumar, the Joint Secretary, Education Department, Bihar, Patna.
           4.    Sri Ravindra Kumar, the Special Director, Secondary Education, Bihar,
                 Patna.
           5.    The Bihar Sanskrit Shiksha Board, Patna, through its Secretary, Sri Rajesh
                 Kumar Singh.
           6.    Sri Manoj Kumar, the Chairman, Bihar Sanskrit Shiksha Board, Patna.
           7.    Sri Samar Bahadur Singh, the District Education Officer, Darbhanga.
           8.    Sri Sandeep Ranjan, the District Programme Officer, Establishment,
                 Darbhanga.
           9.    The Managing Committee of Maharani Lakshmishwari Sanskrit Prathmik
                 Sah Madhya Vidyalaya, Laxmipur Anandpur, Darbhanga through Sidha
                 Nath Jha.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Hemant Kumar Jha, Adv.
                 For the Opposite Party/s :    Mr. Subhash Chandra Mishra (Sc16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   05-05-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for initiation of contempt proceeding

                                   against the contemnors/opposite parties for their

                                   willful disobedience of the order dated 19.11.2019
           Patna High Court MJC No.2379 of 2022(4) dt.05-05-2026
                                                       2/2




                                     passed in CWJC No. 21063 of 2019.”

                                  3. Show cause has come on behalf of the opposite

                     party and learned State Counsel has taken this Court to the order

                     passed by the Joint Secretary Education Department (memo no.

                     1166 dated 24.07.2023) which shows that a reasoned order has

                     been passed.

                                  4. Granting liberty to the petitioner to agitate the

                     matter, if any grievance still remains, the present contempt

                     petition stands disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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