Patna High Court
Noshin Bano,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was dismissed as infructuous and disposed of.
Summary
The petitioner, Noshin Bano, filed a writ petition seeking the initiation of contempt proceedings against several officials of the State of Bihar for allegedly violating a prior court order dated 01‑02‑2018 in CWJC No.9853 of 2007. The petition alleged deliberate and willful non‑compliance by the respondents. During the pendency of the petition, the petitioner informed the court that the relief sought had become infructuous. The court, after hearing the parties, held that the petition could no longer be entertained as the relief sought was no longer viable. Consequently, the petition was disposed of as infructuous.
Issues considered
- What is the appropriate course of action when a petition for contempt becomes infructuous during its pendency?
Subjects
- contempt
- civil writ jurisdiction
- infructuous petition
- high court
- education department
- state government
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.243 of 2020
In
Civil Writ Jurisdiction Case No.9853 of 2007
======================================================
Noshin Bano, Wife of Sri Haris Usmani, Resident of M.I.G. 28 Happy Villa
Kankarbagh Colony, Post Office- Kankarbagh, Police Station- Kankarbagh,
District- Patna. At present posted as Assistant Teacher at Mahesh High
School, Saristabad, Patna, Police Station- Phulwari Sharif, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Deepak Prasad, the Chief Secretary,
Government of Bihar, Patna.
2. R.K. Mahajan, the Secretary-cum-Commissioner, Human Resources
Development Department, Government of Bihar, Patna.
3. Shri Girishwar Dayal Singh, the Director, Secondary Education, Human
Resource Development Department, Government of Bihar, Patna.
4. Shri Surendra Kumar Sinha, Regional Deputy Director, Secondary
Education, Patna Division, District- Patna.
5. Shri Jyoti Kumar, District Education Officer, Patna, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagdeo Choubey, Advocate
: Mr. Pankaj Maijorwar, Advocate
: Mr. Abdul Wadood, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of contempt proceeding
against the opposite parties for deliberately and
willfully violating the order dated 01.02.2018
passed by the Hon’ble Court in CWJC No. 9853
of 2007.”
Patna High Court MJC No.243 of 2020(4) dt.10-03-2026
2/2
3. It has been informed by learned counsel for the
petitioner that during the pendency of the petition it has become
infructuous.
4. Accordingly, MJC No. 243 of 2020 is disposed of
as become infructuous.
(Rajiv Roy, J)
vinayak/-
U
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