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Patna High Court

Kaushlendra Kumar MehtaversusThe State of Bihar through Mr. Pratyaya Amrit, the Additional Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed, with liberty granted to the petitioner to pursue the pending writ petition.

Summary

The petitioner, Kaushlendra Kumar Mehta, filed a contempt petition before the Patna High Court. The opposite parties produced a letter from the Director-in-Chief, Disease Control, indicating that the recovery sought in the matter was stayed pending further orders. The petitioner sought disposal of the contempt petition while reserving the right to continue a pending writ petition (C.W.J.C. No. 6656 of 2024). The court, after considering the stay order, granted the petitioner liberty to pursue the writ petition. Consequently, the contempt petition was ordered to stand disposed.

Issues considered

  • What is the appropriate disposition of the contempt petition in view of the stay order issued by the health department?
  • Should the petitioner be granted liberty to continue the pending writ petition while the contempt petition is disposed?

Subjects

  • contempt
  • writ jurisdiction
  • stay order
  • disposal
  • high court
  • liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3135 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.6565 of 2024
                 ======================================================
                 Kaushlendra Kumar Mehta, Gender – Male, Son of Late Sheo Nandan Prasad
                 Resident of Mohalla- Block Road, Gulzarbagh, P.S. Rajgir, District- Nalanda
                 at present posted as Health Educator, Additional P.H.C., Dumrama, District-
                 Nalanda.

                                                                           ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through Mr. Pratyaya Amrit, the Additional Chief
                 Secretary, Department of Health and Family Welfare, Government of Bihar,
                 Patna.
           2.    Mr. Arvind Kumar Choudhary, the Additional Chief Secretary, Department
                 of Finance, Government of Bihar, Patna.
           3.    Dr. Deepa Rani Singh, the Director-in-Chief, (Disease Control Public Health
                 and Para- Medical), Department of Health Services, Government of Bihar,
                 Patna.
           4.    Mr. Jitendra Kumar Singh, the Civil Surgeon cum Chief Medical Officer,
                 Nalanda.
           5.    Mr. Raj Kumar, the Accountant General, Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :    Mr. Akhilesh Dutta Verma, Advocate
                 For the State           :    Government Pleader 20
                 For Accountant General :     Mr. Bindhyachal Rai, Advocate
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   24-04-2026                 The learned counsel for the opposite parties submits

                   by referring to Annexure-R/H to the show cause filed in the

                   present case, which is a letter issued by the Director-in-Chief,

                   Disease Control, Public Health and Para-Medical, Department

                   of Health Services, Government of Bihar, Patna that the

                   recovery being made has been stayed till further orders.
        Patna High Court MJC No.3135 of 2024(4) dt.24-04-2026
                                                    2/2




                               2. In view of the aforesaid, the learned counsel for the

                  petitioner submits that the present petition be disposed of,

                  reserving liberty to the petitioner to pursue his pending writ

                  petition i.e. C.W.J.C. No. 6656 of 2024. Liberty, so sought, is

                  granted.

                               3. Accordingly, the present contempt petition stands

                  disposed of.



                                          (Mohit Kumar Shah, J)
GAURAV S./-
U


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