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Patna High Court

Kamala Devi and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed because the petitioners failed to submit the required indemnity bond.

Summary

The petitioners, Kamala Devi and Abhishek Kumar, filed a contempt petition alleging that the Bihar State Social Welfare Advisory Board violated a prior High Court order dated 06/07/2017 which directed the release of Rs. 17,776 in favor of them following a succession certificate. The earlier order required the petitioners to file an indemnity bond, which the contempt petition did not show had been submitted. The court noted that the petitioners had not complied with the indemnity bond requirement. Consequently, the court held that the petitioners could approach the concerned authority after submitting the bond, but since they had not done so, the contempt petition could not proceed. The court therefore disposed of the contempt petition.

Issues considered

  • Whether the respondents violated the High Court order dated 06/07/2017 by not releasing the specified amount.
  • Whether the petitioners complied with the requirement to file an indemnity bond as mandated by the earlier order.
  • Whether the contempt petition should be entertained in the absence of the indemnity bond.

Subjects

  • contempt of court
  • succession certificate
  • indemnity bond
  • civil writ jurisdiction
  • enforcement of court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2510 of 2018
                                                     In
                               Civil Writ Jurisdiction Case No.6532 of 2016
                 ======================================================
           1.     Kamala Devi and Anr W/o late Sunil kumar
           2.    Abhishek Kumar S/o late Sunil Kumar Both Resident of Noorani Bagh 5/a
                 colony, PO Gulzarbagh PS Alamganj, District Patna.

                                                                                  ... ... Petitioner/s
                                                         Versus
           1.    The State Of Bihar
           2.    The Chairman /Presidents , Bihar State Social Welfare Advisary Board, New
                 Punai chak, Patna - 80002 null null
           3.    Secretary/ In-charge Administration, Bihar State,Social Welfare Advisary
                 Board, Patna New Punai Cha null null
           4.    Bihar State Social Welfare Adisary Board, New Punai Chak Patna800023.
                 null null

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr.Shyam Bihari Prasad, Advocate
                 For the Opposite Party/s :          Mr.Rakesh Kumar Ranjan, AC to GA-05
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) against the respondents named above

                                              who have deliberately violated the order of

                                              this    Hon'ble     court    the        order   dated

                                              06/07/2017          passed         in       C.W.J.C.

                                              No.6532/2016 by passing the order besides

                                              the Certification of the revenue authorities
         Patna High Court MJC No.2510 of 2018(3) dt.12-03-2026
                                                     2/2




                                           with regard to the status      of the present

                                           petitioners and the siblings of Late Sunil

                                           Kumar, if the respondent authorities would

                                           like to make any other verification, they will

                                           be free to do so. However, they are well

                                           advised to release the amount of 17,776-00

                                           in favour of the petitioners since a

                                           succession Certificate was already allowed

                                           in favour of the petitioner's husband.

                                3. The writ court’s order shows that the petitioners

                   were to file indemnity bond. The contempt petition nowhere

                   records that they have submitted indemnity bond.

                                4. In that background, allowing the petitioners to

                   approach the concerned authority by submitting indemnity

                   bond, if they hast still not submitted, the contempt petition is

                   disposed of.




                                                  (Rajiv Roy, J)
Ravi/-

U


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