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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed without ordering contempt proceedings, though the petitioner is permitted to continue agitating the matter.

Summary

The petitioner, Santosh Kumar, filed a writ petition seeking the initiation of contempt proceedings against several state officials, alleging they willfully violated a court order dated 10‑04‑2018 in CWJC No. 6923 of 2017. The petitioner claimed that the officials ignored the earlier order and that the Committee headed by the District Magistrate had rejected his claim in a memo dated 18‑05‑2018. The court examined the show‑cause statements and noted that the matter had already been considered and dismissed by the Committee. No specific statutory provision was invoked, and the court found no basis to order contempt at this stage. Consequently, the court granted the petitioner liberty to continue agitating the issue but did not order contempt proceedings. The petition (MJC No. 2986 of 2018) was therefore disposed of.

Issues considered

  • Whether the opposite parties willfully violated the order dated 10‑04‑2018 in CWJC No. 6923 of 2017.
  • Whether contempt proceedings can be initiated against the state officials for such alleged violation.

Subjects

  • contempt of court
  • writ jurisdiction
  • administrative law
  • civil procedure
  • state officials

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2986 of 2018
                                                      In
                              Civil Writ Jurisdiction Case No.6923 of 2017
                 ======================================================
                 Santosh Kumar Son of Late Laxmi Narayan Singh, Resident of Village-
                 Anandbag Karpi, P.O. P.S.-Karpi, District-Arawal.


                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Collector, Jehanabad, District- Jehanabad,
                 namely Sri Alok Ranjan Ghose.
           2.    The District Establishment Officer, Jehanabad, District- Jehanabad, namely-
                 Sri Mahfuz Alam.
           3.    The Circle Officer, Kako, District- Jehanabad, namely- Sri Kishun Dayal
                 Rai.
           4.    The Circle Officer, Ratni Faridpur, District- Jehanabad, namely - Sri
                 Ashutosh Kumar.
           5.    The Circle Madhdumpur, District- Jehanabad, namely- Sri Niraj Kumar Jha.
           6.    The District Account Officer, Jehanabad, namely- Sri Chandan Kumar.
           7.    The Treasury Officer, Jehanabad namely Sri Chandan Kumar.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ghanshyam Sharma, Advocate
                 For the State            :      Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                    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 who have willfully

                                        violated the order dated 10.04.2018 passed by

                                        the Hon’ble Court in CWJC No. 6923 of 2017.”
            Patna High Court MJC No.2986 of 2018(3) dt.10-03-2026
                                                        2/2




                                   3. The show cause on behalf of the opposite party

                      no.1 to 5 shows that the case of the petitioner was considered

                      and his claim was rejected by the Committee duly headed by the

                      District Magistrate and communicated vide memo no. 529 dated

                      18.05.2018.

                                   4. Granting liberty to the petitioner to agitate the

                      matter, MJC No. 2986 of 2018 is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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