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Patna High Court

Nargis KhatoonversusThe State of Bihar through Mr. S. Siddharth, the Addiltional Chief Secretary

Decided
Disposal
DISMISSED

Holding

A contempt proceeding is untenable where the court’s earlier order has been complied with, rendering the application infructuous.

Summary

Petitioner Nargis Khatoon filed a contempt application alleging that the District Education Officer, Madhubani, willfully defied the High Court's order dated 16‑04‑2025 directing disposal of her representation within a reasonable time. The respondents filed a show‑cause response, attaching Memo No. 3974 dated 08‑10‑2025, indicating that the representation had been disposed of in compliance with the court’s direction. The Court examined the annexed order and found that the earlier directive had indeed been fulfilled. Accordingly, the Court held that the contempt application was no longer viable. The application was therefore dismissed as infructuous.

Issues considered

  • Whether a contempt proceeding can be instituted when the order alleged to have been defied has already been complied with

Subjects

  • contempt of court
  • writ jurisdiction
  • order compliance
  • dismissal
  • infructuous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3140 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.7114 of 2024
                 ======================================================
                 Nargis Khatoon W/o Md. Ejaj Resident of Village- Ghorbanki, P.S.-
                 Basopatti, District- Madhubani

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Mr. S. Siddharth, the Addiltional Chief Secretary
                 Education Department, Govt. of Bihar, Patna
           2.    Smt. Shahila, The Director, Primary Education Govt. of Bihar, Patna
           3.    Md. Ashgar Ali, the Regional Deputy Director of Education Darbhanga
                 Division, Darbhanga
           4.    Mr. Anand Sharma, the District Magistrate Madhubani
           5.    Mr. Akshay Pandey, the District Education Officer Madhubani
           6.    Mr. Suresh Prasad Yadav, the Block Education officer Basopatti, Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sweta Burnwal
                 For the Opposite Party/s :    Mr.Standing Counsel 20
                                               Mrs. Pushpanjali Sharma, AC to SC 20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   24-04-2026                  1. Heard the parties.

                                2. The petitioner has filed the present application for

                   initiation of contempt proceeding against the opposite parties

                   particularly the opposite party no. 5- District Education Officer,

                   Madbuhani for willful and deliberate defiance of the order dated

                   16.04.2025 passed in CWJC No. 7114 of 2024 whereby this

                   Court had directed the District Education Officer, Madhubani to

                   dispose of the representation of the petitioner in accordance

                   with law within a reasonable time frame.
           Patna High Court MJC No.3140 of 2025(2) dt.24-04-2026
                                                       2/2




                                  3. Mrs. Pushpanjali Sharma, learned A.C. to Standing

                     Counsel No. -20 submits that the opposite party no. 5- District

                     Education Officer, Madhubani has filed his show cause and a

                     specific stand has been taken in paragraph no. 6, 7 & 8 that in

                     compliance of this Court’s order, the representation of the

                     petitioner has been disposed of and order has been passed vide

                     Memo No. 3974 dated 08.10.2025. Copy of the order is annexed

                     as Annexure -R/A to the show cause.

                                  4. In view of the fact that the order passed by this

                     Court in the writ petition has been complied with, accordingly,

                     the present application is dismissed as infructuous.



                                              (Anil Kumar Sinha, J)
praful/-

U


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