Patna High Court
Yogendra Prasad Yadav,versusThe State of Bihar through the Principal Secretary Department of Water Resources Govt. of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The High Court held that the State had fully complied with the Supreme Court’s modification order, rendering the contempt proceedings untenable.
Summary
The petitioners, a group of private individuals, filed a miscellaneous jurisdiction petition before the Patna High Court seeking to continue contempt proceedings against the State of Bihar for alleged non‑compliance with a Supreme Court modification order. The Supreme Court, in Contempt Petition Civil (Diary No. 20636 of 2024) and Civil Appeal No. 3933 of 2023, had modified Clause‑(d) of its earlier order dated 06‑09‑2024. The State, through the Water Resources Department, submitted a letter (Memo No. 36 dated 05‑01‑2026) and a supplementary show‑cause notice indicating full compliance with the Supreme Court’s direction. The petitioners accepted the annexure and expressed satisfaction that the compliance had been effected. The High Court, after hearing counsel, held that the compliance was complete and therefore the contempt proceedings were no longer tenable. Consequently, the court dismissed the petition and declared the contempt proceeding infructuous.
Issues considered
- Whether the State of Bihar complied with the Supreme Court’s modification of Clause‑(d) in the earlier order.
- Whether the contempt proceedings should be continued in view of the alleged compliance.
Subjects
- contempt
- compliance
- Supreme Court order
- High Court
- miscellaneous jurisdiction
- water resources department
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2440 of 2024
In
Civil Writ Jurisdiction Case No.3460 of 2020
======================================================
1. Yogendra Prasad Yadav, son of Late Gore Lal Choudhary, Resident of
Mohalla- Ward No. 20, Sri Krishnapuri North, P.S.-Begusarai Town, Dist-
Begusarai.
2. Sushil Kumar Sharma son of Late Vindeshwari Sharma, R/o Mohalla-Dighi
Kala Purvi, Hazaipur, P.s.- Sadar, Vaishali.
3. Suresh Kumar Rai, S/o Late Jadunandan Rai, R/o Near Primary School,
Dhauparchak, Alampur, Gonpura, Patna, Dist-Patna.
4. Shyam Babu Singh, S/o Late Yamuna Singh, R/o Moh-House No.-1, Basera
Colony, Road No.-10, East Indrapuri, Keshri Nagar, Patna, Dist-Patna.
5. Yashwant Kumar Chaudhary S/o Ram Sudhir Chaudhary, R/o Moh-102,
Manglam Kunj Apartment, Ram Krishna Path, North S.K. Puri, Phulwari
Dist-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Water
Resources Govt. of Bihar Patna Sri Chetan Prasad.
2. The Chief Secretary, Govt. of Bihar Patna, Sri Brajesh Malhotra.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna Sri
Lokesh Kumar Singh.
4. The Senior Accounts Officer, Accountant General, Veer Chand Patel Path,
Patna Sri Raj Kumar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Anjani Kumar (AAG-4)
Mr. Sanjay Pd. (AC to AAG-4)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
9 10-04-2026 Heard learned counsel for the petitioners, learned
Senior counsel for the State and learned Advocate General,
Bihar.
Patna High Court MJC No.2440 of 2024(9) dt.10-04-2026
2/4
2. Learned counsel for the petitioners submit that he
has received a copy of 2nd supplementary show cause dated
08.01.2026, and in the light of Annexure-E i.e. a letter issued by
the Government of Bihar, Water Resource Department through
its Joint Secretary (Administration), contained in Memo No. 36
dated 05.01.2026, he is well satisfied with regard to compliance
of the order.
3. Learned Advocate General, Bihar, submits that
after order passed by the Hon’ble Supreme Court in Contempt
Petition Civil (Diary No. 20636 of 2024) in Civil Appeal No.
3933 of 2023, the Hon’ble Supreme Court has pleased to
modify Clause-(d) of the order dated 06.09.2024. Learned
Advocate General further submits that in compliance of the
modification order passed by the Hon’ble Supreme Court, the
Government of Bihar, Water Resource Department through its
Joint Secretary (Administration) issued a letter contained in
Memo No. 36 dated 05.01.2026, about which, reference has
been made by counsel for the petitioners and the order has been
fully complied with.
4. An extract of the letter issued by the Government of
Bihar, Water Resource Department through its Joint Secretary
(Administration), contained in Memo No. 36 dated 05.01.2026
Patna High Court MJC No.2440 of 2024(9) dt.10-04-2026
3/4
is scanned below:-
5. In the light of the submissions made by the parties
that compliance has been made and petitioners are satisfied with
Annexure-E, which is scanned above, the contempt proceeding
is dropped and the present M.J.C. petition stands dismissed. I.A.
Patna High Court MJC No.2440 of 2024(9) dt.10-04-2026
4/4
No. 1 of 2025 also stands dismissed as having become
infructuous, as the order has been duly complied with.
(Dr. Anshuman, J)
Divyansh/-
U
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