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Patna High Court

Sudha JhaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition for contempt was dismissed as the order had been complied with.

Summary

Sudha Jha filed a petition seeking contempt proceedings against the State of Bihar and officials of the Vaishali District Central Co-operative Bank, alleging they willfully defied an order dated 17 November 2017. The petitioner claimed the opposite parties had knowingly violated the court's direction. The bank submitted a show‑cause response indicating that, by a letter dated 24 August 2018, the order had been complied with. The court observed that the order was indeed complied with and that the petitioner retained the liberty to agitate the matter if desired. Consequently, the court disposed of the petition without initiating contempt proceedings.

Issues considered

  • What is the appropriate remedy when a party allegedly violates a court order?
  • Whether the order dated 17.11.2017 has been complied with, thereby negating contempt proceedings.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order compliance
  • co-operative bank
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2608 of 2018
                                                     In
                             Civil Writ Jurisdiction Case No.12566 of 2016
                 ======================================================
                 Sudha Jha Wife of Late Surendra Jha resident of village- Chamrahara, P.O
                 Mahnar Road R.S., P.S Mahnar, District Vaishali.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mr. Rajesh Raushan, The District Magistrate, Vaishali-cum- Administrator,
                 The Vaishali District General Cooperative Bank, Hajipur, District-Vaishali
           3.    Mr. Vijay Kumar, The Manager Director, The Vaishali District Central Co-
                 operative Bank, Hajipur, Vaishali
           4.    The Vaishali District Central Co-operative Bank, through Mr. Vijay Kumar,
                 its Managing Director, Hajipur, Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vasant Vikas, Advocate
                 For the Opposite Party/s :       Mr. Chitranjan Sinha, PAAG-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   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 who knowingly

                                      deliberately and willfully faulted the order dated

                                      17.11.2017 passed by the Hon’ble Court in

                                      CWJC No. 12566 of 2016.”


                                3. A show cause on behalf of the Cooperative Bank

                   shows that vide letter no. 488 dated 24.08.2018, the order has
            Patna High Court MJC No.2608 of 2018(2) dt.10-03-2026
                                                        2/2




                      been passed.

                                   4. In view of the aforesaid fact that the order stands

                      complied, granting liberty to agitate the matter if she so want,

                      the MJC No. 2608 of 2018 is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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