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Patna High Court

Vinod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the licensing authority had complied with the earlier order, so the contempt application was dismissed.

Summary

The petitioner filed a contempt application alleging that the licensing authority failed to comply with the High Court's order dated 23‑02‑2022 in CWJC No.21410 of 2021, which directed a positive decision on his license application within 60 days. The Division Bench had ordered the authority to consider the petitioner's application and communicate its decision within the stipulated period. The opposite parties produced a show‑cause memorandum indicating that a decision was taken on 27‑11‑2024 (Memo No.1291) and that the petitioner was asked to deposit a fee, thereby satisfying the court’s directions. Upon reviewing the material, the bench found that the licensing authority had indeed complied with the earlier order. Consequently, the court held that no contempt had occurred and disposed of the contempt application.

Issues considered

  • Whether the licensing authority’s actions constitute contempt for non‑compliance of the High Court’s order dated 23‑02‑2022
  • Whether the directions of the Division Bench requiring a positive decision within 60 days have been fulfilled

Subjects

  • contempt
  • writ jurisdiction
  • licensing authority
  • order compliance
  • PDS license
  • High Court
  • civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2871 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.21410 of 2021
                 ======================================================
                 Vinod Kumar, Son of Late Ram Dular Mukhiya, Resident of Village-Sirsiya,
                 P.S.-Hasanpur, District-Samastipur.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Sri Dr. N Saravana Kumar, the Principal
                 Secretary, Department of Food and Consumer Protection, Government of
                 Bihar, Patna.
           2.    Sri Yogendra Singh, the District Magistrate, Samastipur,
           3.    Sri Mahmood Alam, the District Supply Officer, Samastipur.
           4.    Sri Akash Choudhary, the Sub Divisional Officer, Rosera, District -
                 Samastipur.
           5.    Sri Prithul Singh, the Block Supply Officer, Hasanpur, District - Samastipur.
           6.    Miss Honey Gupta, the Circle Officer, Hasanpur, Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Mirityunjay Kumar, Advocate
                                               Ms. Pampy Kumari, Advocate
                                               Ms. Megha Kumari, Advocate
                 For the Opposite Party/s :    Mr. S.Raja Ahmad, AAG-5
                                               Mr. Md. Kamil Akhtar, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   20-04-2026                   Heard learned counsel for the parties.

                                 2. The present contempt application has been filed

                   alleging non-compliance of the order dated 23.02.2022 passed

                   in CWJC No. 21410 of 2021.

                                 3. The Division Bench, while disposing of the writ

                   petition, had issued the following directions:-
Patna High Court MJC No.2871 of 2024(2) dt.20-04-2026
                                            2/3




                          “Under the aforesaid circumstances, we direct the
                          licensing authority to advert itself to the application
                          preferred by the petitioner, on the petitioner presenting
                          a copy of this order before such authority, and a
                          decision in that regard shall be taken positively within a
                          period    of   60 days        thereafter,   which   shall   be
                          communicated to the petitioner.


                       4. A show cause has been filed on behalf of the

          Opposite Party No. 5, wherein following statements have been

          made in paragraph nos. 14 & 15:

                          “14. That it is stated that Five member District Level
                          Selection Committee headed by the District Magistrate,
                          Samastipur after going though the entire documents,
                          compassionate related checklist of the petitioner,
                          enquiry report of the B.S.O., Hasanpur as well as other
                          concerning papers unisonly decided on 25/11/2024 to
                          permit recommendation of the S.D.O., Rosera for
                          granting the PDS license to the petitioner on
                          compassionate ground vide Memo No. 1291/Supply
                          dated 27/11/2024.
                          15. That later on, the S.D.O., Rosera asked from the
                          petitioner to deposit requisite fee of Rs. 1000/- through
                          treasury chalan for granting license, affidavit regarding
                          correctness of submitted documents etc vide Memo No.
                          842/Supply dated 29/11/2024.”


                       5. Learned counsel for the opposite parties submits

          that pursuant to the application made by the petitioner, a

          decision has already been taken by the competent authority vide

          Memo No. 1291dated 27/11/2024 (Annexure-R/G to the show
          Patna High Court MJC No.2871 of 2024(2) dt.20-04-2026
                                                      3/3




                    cause).

                                 6. In view of the aforesaid submission and upon

                    perusal of materials available on record, it appears that the

                    directions issued by the Division Bench have already been

                    complied with. Accordingly, this Court is of the view that no

                    further order is required to be passed in the present contempt

                    application.

                                 7. Accordingly, the present contempt application

                    stands disposed of.

                                 8. Pending application(s), if any, shall also stand

                    disposed of.



                                                (Sudhir Singh, J)


                                              (Shailendra Singh, J)
Sujit/-

U


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