Patna High Court

Shri Mahavir Sthan Nyas SamitiversusShri Amir Shubhani, The State of Bihar

Decided: 18 March 2026
Disposal: WITHDRAWN
Bench: ANIL KUMAR SINHA

Holding

The Court granted permission to withdraw the contempt application and dismissed it as withdrawn.

Summary

The petitioner, Shri Mahavir Sthan Nyas Samiti, filed a contempt application alleging violation of an interim order dated 26‑08‑2021 in Civil Writ Jurisdiction Case No. 13584 of 2021. While the interim order was still in force, a final order was subsequently passed on 20‑06‑2024, effectively resolving the dispute. The petitioner’s counsel then moved before the Patna High Court seeking permission to withdraw the contempt application in view of the final order. The Court examined whether a contempt proceeding could be withdrawn after the substantive matter had been finally decided. It held that the petitioner was entitled to withdraw the application and that no further contempt proceedings were necessary. Accordingly, the Court granted permission to withdraw and dismissed the contempt application as withdrawn.

Issues considered

Whether a contempt application filed for breach of an interim order can be withdrawn after a final substantive order is passed

Subjects

contempt of court
interim order
withdrawal of application
civil writ jurisdiction
final order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.2550 of 2023
                                                         In
                                   Civil Writ Jurisdiction Case No.13584 of 2021
                   ======================================================
                   Shri Mahavir Sthan Nyas Samiti Mahavir Mandir, Near Patna Junction, P.S.
                   Kotwali, District Patna through its Secretary namely, Shri Acharya Kishore
                   Kunal, aged 73 (Male), Son of late Ramchandra Prasad Shahi, resident of
                   Saayan Nilay, Goshala lane Sadaquat Ashram, P.S. Patliputra, District, Patna.
                                                                              ... ... Petitioner/s
                                                       Versus
             1.     Shri Amir Shubhani, The State of Bihar through the Chief Secretary,
                    Secretariat, Patna(Bihar).
             2.     Shri Mahendra Das Son of not known at presently residing at Sri Ram
                    Janaki Hanuman Mandir, Sheikhpura Mutt Bailey Road, P.S. Shastrinagar,
                    District Patna.
                                                                    ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Kumar Shanu
                   For the Opposite Party/s :       Mr.Gyan Prakash Ojha (Ga 7)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

3     18-03-2026          1. Learned counsel for the petitioner submits that this

                     contempt application was filed for violation of interim order

                     dated 26.08.2021 passed in CWJC No. 13584 of 2021, however,

                     final order has been passed on 20.06.2024 in CWJC No. 13584

                     of 2021. Accordingly, he seeks permission to withdraw this

                     contempt application.

                          2. Permission is granted.

                          3. The application is dismissed as withdrawn.



                                                (Anil Kumar Sinha, J)
praful/-
U

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