Patna High Court
Sanjay Kumar SharmaversusThe State Of Bihar Through Sri Chaitanya Prasad, Principal Secretary, Government Of Bihar, Urban De
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The contempt petition is dismissed as withdrawn, as the petitioner voluntarily sought its withdrawal and the matter had become infructuous.
Summary
The petitioner, Sanjay Kumar Sharma, filed a contempt petition alleging that the District Magistrate of Jehanabad (opposite party No. 2) willfully disobeyed a High Court order dated 1 September 2017, which required the petitioner to file a detailed representation and the magistrate to examine the claim and decide within three months. The petitioner’s counsel later argued that the dispute had become infructuous and sought to withdraw the contempt proceeding. The Court examined whether the petition could be withdrawn after contempt proceedings were initiated. Relying on procedural law, the Court held that a contempt petition may be dismissed if the petitioner voluntarily withdraws it and the matter is no longer live. Consequently, the Court dismissed the contempt petition as withdrawn, without any order on the merits of the alleged contempt. The dismissal leaves the original writ order unimplemented but does not impose any penalty on the alleged contemnor.
Issues considered
- Can a contempt petition be dismissed on the ground that the petitioner wishes to withdraw it?
- Does the withdrawal of a contempt petition bar any further contempt proceedings against the alleged contemnor?
- Whether the alleged willful disobedience of the 01‑09‑2017 order constitutes contempt of court.
Subjects
- contempt of court
- withdrawal of petition
- civil writ jurisdiction
- order compliance
- High Court of Patna
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.312 of 2018
In
Civil Writ Jurisdiction Case No.10548 of 2017
======================================================
Sanjay Kumar Sharma Son of Late Saryug Sharma resident of Village -
Mahmadpur, P.S. - Jehanabad, District Jehanabad - 804408, Bihar.
... ... Petitioner/s
Versus
1. The State Of Bihar Through Sri Chaitanya Prasad, Principal Secretary,
Government Of Bihar, Urban De Name of father not known to the petitioner
Principal Secretary, Government of Bihar, Urban Development Department,
Patna.
2. The State of Bihar through Shri Alok Ranjan Ghosh, Name of father not
known to the petitioner District Magistrate, Jehanabad.
3. Sri Ramrup Prasad Name of father not known to the petitioner Deputy
Development Commissioner, Jehanabad.
4. Sri Rajendra Prasad Singh Name of father not known to the petitioner
Officer-in-charge, District Development Section, Vikas Bhawan, Jehanabad.
5. Sri Kishori Prasad Dev Name of father not known to the petitioner
Executive Engineer, District Development Authority, Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Shankar, Advocate
For the Opposite Party/s : Mr. GA- 3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 12-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of contempt proceeding
against the contemner opposite parties,
particularly opposite party no. 2 for willful
and deliberate disobedience of Hon'ble
Court's order dated 01.09.2017 passed in
C.W.J.O. No. 10548 of 2017 whereby and
where under while disposing of the writ
Patna High Court MJC No.312 of 2018(6) dt.12-03-2026
2/2
application, the writ petitioner was directed
to file a detailed representation to the
opposite party no. 2 attaching the order of
this Hon'ble Court and the opposite party
no. 2 was directed to examine the claim of
the petitioner and take decision in
accordance with law. If it is found that the
petitioner is entitled to the amount, the same
will be paid to him without unnecessary
delay. The entire exercise should be
completed by opposite party no. 2 within a
period of three months from the date of filing
of representation by the petitioner.
3. Learned counsel for the petitioner submits that the
matter has become infructuous and as such he may be permitted
to withdraw the petition.
4. Accordingly, the contempt petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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