Patna High Court
Vishakha DeviversusThe State of Bihar through Shri Manoj Kumar, the Principal Secretary Panchayati Raj Department
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The application is dismissed as infructuous because the order dated 11‑04‑2025 has been complied with.
Summary
Vishakha Devi and Md. Izhar Akram filed an application alleging willful disobedience of a High Court order dated 11‑04‑2025 that required the Deputy Development Commissioner, Katihar, to dispose of their representation within two months. The opposite party submitted a show‑cause response indicating that the Commissioner had heard the matter on 09‑08‑2025 and issued a reasoned order disposing of the representation, thereby complying with the court’s directive. The Court examined the show‑cause material and concluded that the original order had been fully complied with, leaving no surviving cause of action. Consequently, the Court held the application infructuous and dismissed it, while granting the petitioners liberty to challenge the 09‑08‑2025 order if they remain aggrieved. The judgment therefore disposes of the application without further proceedings.
Issues considered
- Whether an application for willful disobedience is maintainable when the original court order has already been complied with.
Subjects
- writ jurisdiction
- willful disobedience
- order compliance
- infructuous application
- Panchayati Raj
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2794 of 2025
In
Civil Writ Jurisdiction Case No.5831 of 2025
======================================================
1. Vishakha Devi Wife of Sri Muneshwar Tanti, Resident of Village-
Mohanganj Hajinagar, P.O.-Teghra, Block-Azamnagar, P.S.-Salmari,
District-Katihar, presently the Mukhiya of Teghara Gram Panchayat, Block-
Azamnagar, District-Katihar.
2. Md. Izhar Akram, Son of Md. Moinuddin, Resident of Village-Teghra, P.O.-
Teghra, P.S.-Salmari, District-Katihar
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Manoj Kumar, the Principal Secretary
Panchayati Raj Department Government of Bihar, Patna.
2. Shri Manoj Kumar, the Secretary, Panchayati Raj Department, Government
of Bihar, Patna.
3. Shri Prashanth Kumar CH, the Director, Panchayati Raj Department,
Government of Bihar, Patna.
4. Sri Najar Hussain, the Additional Secretary, Panchayati Raj Department,
Government of Bihar, Patna.
5. Shri Manesh Kumar Meena, the District Officer, Katihar.
6. Shri Amit Kumar, the Deputy Development Commissioner, Katihar.
7. Shri Manesh Kumar Meena, the Additional Collector cum the Chief
Executive Officer, Katihar.
8. Shri Mritunjay Kumar, the District Panchayati Raj Officer, Katihar.
9. Shri Binod Kumar Sinha, the Executive Engineer, Area Development
Organization, Katihar.
10. Shri Swetam Dixit, the Sub Divisional Officer, Barsoi, District-Katihar.
11. Shri Rizwan Alam, the Circle Officer, Azamnagar, District-Katihar.
12. Shri Kumar Mukesh, the Block Development Officer, Azamnagar, District-
Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr.Standing Counsel 4
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 16-01-2026 No one appears on behalf of the petitioner. Learned
counsel for the Opposite Party is present.
Patna High Court MJC No.2794 of 2025(4) dt.16-01-2026
2/3
2. This application has been filed alleging willful
disobedience of the order dated 11.04.2025 passed in C.W.J.C.
No.5831 of 2025. By order dated 11.04.2025 passed in
C.W.J.C. No.5831 of 2025, the Writ Court had ordered for
disposal of the representation dated 26.02.2025 within two
months from the production of a copy of this order by the
Deputy Development Commissioner, Katihar.
3. In paragraph No.7 and 8 of the show cause filed by
the Opposite Party, it has been clearly stated that the order of the
Writ Court had been complied with and the representation filed
by the petitioner has been disposed of by order dated 09.08.2025
Annexure-R/A. Paragraph No.7 and 8 of the show cause is
reproduced hereinbelow for needful :-
“7. That in compliance of order dated
11.04.2025 passed in C.W.J.C. No. 5831 of 2025,
the Deputy Development Commissioner, Katihar
heard the matter on 09.08.2025 in presence of the
petitioner No.1 of connected writ applciaotn
Vishakha Devi, District Panchayati Raj Officer,
Katihar and Assistant Engineer, Building Division,
Katihar.
8. That in compliance of order of this
Hon’ble Court aftr considering the submissions
made by the respective parties and the materials
available on record the Deputy Development
Commissioner, Katihar vide reasoned order dated
09.08.2025 disposed of the representation of the
petitioner. The copy of the order has been
communicated to the petitioner and other
Patna High Court MJC No.2794 of 2025(4) dt.16-01-2026
3/3
concerned authorities vide Memo No.1531 dated
12.08.2025.”
4. In view of the fact that the order of the Writ Court
has already been complied with, no cause of action survives for
pursuing with this application and the same now become
infructuous.
5. This application is accordingly disposed of as
having become infrucutous granting liberty to the petitioner to
challenge the order dated 09.08.2025 in case the petitioner is
aggrieved by the same.
(Alok Kumar Sinha, J)
sanjeev/-
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