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Patna High Court

Sunil Kumar SinghversusThe State of Bihar.

Decided
Disposal
DISPOSED

Holding

Since the order under contempt was dismissed on appeal, there was no ground to maintain the contempt proceeding, and the petition was closed.

Summary

Petitioners Sunil Kumar Singh and Sushant Kumar filed a contempt petition against the State of Bihar and several officials, alleging wilful disobedience of a June 24, 2024 order in CWJC No.11026 of 2019. The State appealed that order (LPA No.44 of 2025) and the appellate court allowed the appeal, thereby dismissing the original writ petition. The petitioners subsequently filed a Special Leave Petition (Diary No.73164 of 2025) against the appellate order. The Patna High Court observed that the order alleged to be disobeyed no longer existed, and therefore there was no basis to continue the contempt proceeding. Consequently, the court closed the contempt petition, noting that the petitioners could approach the court again if they obtain a Supreme Court order.

Issues considered

  • Whether a contempt proceeding can continue when the order alleged to be disobeyed has been set aside by a higher court.
  • Whether the pendency of a Special Leave Petition affects the continuance of the contempt petition.

Subjects

  • contempt of court
  • writ jurisdiction
  • order dismissal
  • appellate jurisdiction
  • Special Leave Petition
  • civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2714 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.11026 of 2019
                 ======================================================
           1.     Sunil Kumar Singh S/o Ram Sagar Singh and Late Subhadra Devi R/o
                  village and PO- Maheshwara Baruari, PS- Gaighat and District-
                  Muzaffarpur.
           2.    Sushant Kumar S/o Late Jai Kishore Singh @ Late Jai Kishore Sinha R/o
                 village and PO- Hasna, PS- Gaighat, District- Muzaffarpur.
                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar.
           2.    Lokesh Kumar Singh, presently posted as Secretary, Department of Finance,
                 Old Secretariat, Bihar.
           3.    Dr. B. Rajender, presently posted as Secretary, Department of General
                 Administration, Old Secretariat, Bihar.
           4.    S. Siddhartha, presently posted as Additional Chief Secretary, Department of
                 Education, New Secretariat, Bihar. (Now the post of Principal Secretary of
                 Department of Education is chaired by Additional Chief Secretary).
           5.    Subrat Kumar Sen, presently posted as District Magistrate, Muzaffarpur.
           6.    Ajay Kumar Singh, Presently posted as District Education Officer, District-
                 Muzaffarpur.
           7.    Nasir Hussain, Presently posted as            District   Programme     Officer
                 (Establishment), District- Muzaffarpur.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Amit Narayan
                 For the Opposite Party/s :    Mr.Standing Counsel 8
                                               Mr. AC to SC 8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   06-02-2026                  Heard learned Advocate for the petitioners and the

                   learned Advocate for the State.

                                2. Application is filed for initiation of a contempt

                   proceeding against the opposite parties for their wilful and

                   deliberate disobedience of the order dated 24.06.2024 passed in

                   CWJC No. 11026 of 2019 by a Bench of this Court.

                                3. This Court is apprised that against the order under

                   contempt, the State has preferred appeal bearing LPA No. 44 of
           Patna High Court MJC No.2714 of 2024(5) dt.06-02-2026
                                                       2/2




                     2025 and the said appeal is allowed and the writ petition bearing

                     CWJC No. 11026 of 2019 stood dismissed.

                                  4.     Learned        Advocate   for   the   petitioners

                     acknowledging the aforesaid facts submits at the Bar that

                     against the order of the learned Division Bench passed in LPA

                     No. 44 of 2025, the petitioner has preferred SLP bearing Diary

                     No. 73164 of 2025; hence a prayer has been made that let the

                     present contempt petition be placed after disposal of the

                     aforesaid SLP.

                                  5. Having considered the submissions advanced and

                     tanking note of the fact that now the order under contempt

                     passed in CWJC No. 11026 of 2019 has already been dismissed

                     while allowing LPA, this Court does not find any reason or

                     occasion to continue with the present contempt proceeding.

                     Accordingly, the present contempt petition stands closed.

                     However, the petitioners are always at liberty to move before

                     this Court if they get an order from the Hon’ble Supreme Court.



                                                 (Harish Kumar, J)
Anjani/-
U


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