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Patna High Court

M/s Star Construction Balua Tal Motihari, District- East Champaran,versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The contempt application is dismissed as there is no basis to proceed with contempt proceedings.

Summary

The petitioner, M/s Star Construction, filed a contempt application before the Patna High Court alleging that several officials of the Rural Works Department of the State of Bihar willfully defied the order dated 10 October 2022 in CWJC No. 22813 of 2019. The State contended that the order had been complied with and a show‑cause notice to that effect had been filed. The petitioner’s counsel did not dispute the State’s submission but sought time to obtain further instructions. The Court examined the submissions and found no basis to proceed with contempt proceedings. Consequently, the Court dismissed the contempt application, allowing the petitioner to approach an appropriate forum for any remaining grievance.

Issues considered

  • What is the appropriate course of action when a party alleges willful defiance of a prior court order?
  • Whether the alleged non‑compliance with the order dated 10‑10‑2022 justifies the initiation of contempt proceedings.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order compliance
  • high court
  • dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3049 of 2023
                                                       In
                                 Civil Writ Jurisdiction Case No.22813 of 2019
                 ======================================================
                 M/s Star Construction Balua Tal Motihari, District- East Champaran, through
                 its Proprietor Parwez Ahmad Khan, aged about 51 years, Male, Son of Haseen
                 Ahmad Khan, Resident of - Balua Tal Motihari, P.O.- Motihari, P.S.- Motihari
                 Town, District- East Champaran.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Sri Pankaj Kumar Pal, Principal Secretary, Rural
                 Works Department, Government of Bihar, Patna.
           2.    Amrendra Kumar Sinha, The Engineer-in-Chief Rural Works Department,
                 Government of Bihar, Patna.
           3.    Sri Nirmal Kumar, The Chief Engineer 3, Rural Works Department,
                 Government of Bihar, Patna.
           4.    Sri Deep Narayan Prasad, The Superintending Engineer, Rural Works
                 Department, Work Circle, Sitamarhi, Sitamarhi.
           5.    Sri Rajesh Ratnakar, The Executive Engineer, Rural Works Department,
                 Government of Bihar, Patna, Work Division, Sheohar at Sitamarhi.
           6.    Sri Md. Ansarul Haque, The Assistant Engineer, Rural Works Department,
                 Government of Bihar, Patna, Work Division, Sheohar at Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Kanishk Kaustubh, Adv.
                 For the Opposite Party/s :    Mr. Ajay, GA-5
                                               Mr. AC to GA-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SATYAVRAT VERMA)

4   17-04-2026                  Heard learned counsel for the petitioner and the

                   learned AC to GA-5.

                                2. Learned counsel appearing on behalf of the State

                   submits that the instant contempt application has been filed

                   seeking initiation of a contempt proceeding against a contemnor
           Patna High Court MJC No.3049 of 2023(4) dt.17-04-2026
                                                       2/2




                     opposite parties for their willful and deliberate defiance of the

                     order dated 10.10.2022 in CWJC No. 22813 of 2019 passed by

                     the Hon’ble Division Bench.

                                  3. It is submitted that the order dated 10.10.2022 in

                     CWJC No. 22813 of 2019 has been complied and a show-cause

                     to that effect has been filed.

                                  4. Learned counsel appearing on behalf of the

                     petitioner though does not dispute the submission made by the

                     learned counsel appearing on behalf of the State, but then

                     submits that he needs some time to seek instruction in the

                     matter.

                                  5. Be that as it may, this Court is not inclined to

                     proceed with the contempt application any further, as such, the

                     contempt application is dismissed with liberty to the petitioner

                     to seek his remedy in accordance with law before an appropriate

                     forum, if any grievance still remains to be redressed.



                                               (Satyavrat Verma, J)



                                                 (Harish Kumar, J)
shivank/rohit-

U


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