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Patna High Court

Ashok Kumar PandeyversusThe State Of Bihar Through Its Chief Secretary Presently Mr. Deepak Kumar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to agitate the matter and disposed the petition.

Summary

Ashok Kumar Pandey filed a petition in the Patna High Court seeking the initiation of contempt proceedings against the State of Bihar and several officials, alleging willful and deliberate violation of two earlier orders dated 24 January 2018 (MJC No. 923 of 2016) and 8 August 2014 (CWJC No. 12363 of 2010). The petitioner argued that the opposite parties had disregarded the directives of those orders, warranting contempt action. The court examined whether the petitioner had the locus standi to invoke contempt jurisdiction and whether the alleged breaches justified such proceedings. Justice Rajiv Roy held that the petitioner was entitled to be granted liberty to agitate the matter in accordance with law. Accordingly, the petition was disposed, but the court granted the petitioner liberty to pursue contempt proceedings against the respondents.

Issues considered

  • Whether the petitioner is entitled to initiate contempt proceedings against the State of Bihar and its officials for alleged violation of earlier court orders.
  • Whether the earlier orders dated 24.01.2018 and 08.08.2014 were willfully and deliberately violated.
  • Whether the High Court has jurisdiction to entertain a contempt petition in the present circumstances.

Subjects

  • contempt of court
  • jurisdiction
  • high court
  • petition
  • earlier orders
  • state liability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2734 of 2018
                                                      In
                               Miscellaneous Jurisdiction Case No.923 of 2016
                 ======================================================
                 Ashok Kumar Pandey S/o Sri Jagdish Pandey Resident of Village- Koni, P.S.-
                 Dirara, Dist- Rohtas.


                                                                      ... ... Petitioner/s
                                               Versus
           1.    The State Of Bihar Through its Chief Secretary presently Mr. Deepak
                 Kumar Bihar.
           2.    Mr. Anand Kishore, The Commissioner, Patna Division, Patna.
           3.    Mr. Anish Kumar Parasar, The then D.M., Rohtas at Sasaram.
           4.    The District Magistrate, Rohtas, Presently Mr. Pankaj Dixit, I.A.S.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Giridhar Gopal Tiwary, Adtocate
                 For the Opposite Party/s :       Mr. Raghwanand, GA-11
                                          :       Mr. Sanjay Kumar Tiwari, AC to GA-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-04-2026                    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 for their willful and

                                      deliberate     violation     of   the    order     dated

                                      24.01.2018 passed by the Hon’ble Court in MJC

                                      No. 923 of 2016 read with order dated

                                      08.08.2014 in CWJC No. 12363 of 2010.”

                                3. Learned counsel for the petitioner submits that an
            Patna High Court MJC No.2734 of 2018(3) dt.23-04-2026
                                                        2/2




                      order has been passed and in that background, liberty be granted

                      to agitate the matter in accordance with law.

                                   4. Granting said liberty, the petition stands disposed

                      of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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