Patna High Court

Eatwari Devi @ Eatwariya DeviversusThe Union of India

Decided: 18 March 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH

Holding

The contempt petition is dismissed as it is bereft of any merit.

Summary

The petitioner, Eatwari Devi, filed a contempt petition before the Patna High Court alleging that the court had failed to issue any positive direction in her favour in a prior writ petition (CWJC No. 8469 of 2022). The court examined the order dated 06.02.2024 in that writ case and observed that the writ petition had been dismissed as not pressed and no directions were issued to either party. On this basis, the court considered whether the contempt petition had any substantive ground. Finding that the original writ petition yielded no enforceable order, the court concluded that the contempt petition lacked merit. Consequently, the contempt petition was dismissed.

Issues considered

Whether the contempt petition is maintainable when the underlying writ petition was dismissed as not pressed and no court direction was issued.

Subjects

contempt of court
writ petition
dismissal
no direction
Petition dismissed

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2643 of 2024
                                                         In
                                 Civil Writ Jurisdiction Case No.8469 of 2022
                  ======================================================
                  Eatwari Devi @ Eatwariya Devi Wife of Basdev @ Basdev Ram resident of
                  Village- Samsuddinpur, Police Station- Revilganj, and District- Saran at Chapra.

                                                                                ... ... Petitioner/s
                                                      Versus

            1.    The Union of India
            2.    Shri Prem Narayan Duvedi, the General Manager (Personnel), North Eastern
                  Railway Gorakhpur, U.P.- 273012.
            3.    Shri Vinit Kumar Shrivastva, the Divisional Rail Manager (Personnel), North
                  Eastern Railway Varanasi, U.P.
            4.    Shri Anup Kumar Gautam, the Manager of Actuarial Department Rail, North
                  Eastern Railway Varanasi, U.P.
            5.     Shri Rajesh Kumar, the Assistant Divisional Manager Account Officer, North
                   Eastern Railway Varanasi.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Shrinath Manjhi, Advocate
                  For the Opposite Party/s :    Mr. A.K. Pandey, SCGC
                                                Mr. R.K. Sharma, CGC
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                                 ORAL ORDER

4    18-03-2026            This Court finds from the order dated 06.02.2024 passed

                    in CWJC No. 8469 of 2022 that no positive direction has been

                    issued in favour of the petitioner as also no direction has been

                    issued by this Court to the opposite parties and in fact the writ

                    petition had stood dismissed as not pressed.

                    2.     In view of the aforesaid, this Court finds that the present

                    contempt petition is bereft of any merit, hence the same stands

                    dismissed.


                                                  (Mohit Kumar Shah, J)
S.Sb/-

U

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