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Patna High Court

Dr. Manindra Kumar ManishversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The court held that a contempt petition can be withdrawn upon the death of the sole petitioner with the court's permission.

Summary

Dr. Manindra Kumar Manish filed a contempt petition in the Patna High Court against the State of Bihar and several officials, alleging contempt of a prior order. While the petition was pending, the sole petitioner passed away. The petitioner’s counsel applied to withdraw the contempt petition on the ground of the petitioner's death. The court considered whether a contempt petition could be withdrawn after the death of the only petitioner. It held that the petition could be withdrawn with the court's permission. Accordingly, the court granted permission and dismissed the contempt application as withdrawn.

Issues considered

  • Whether a contempt petition may be withdrawn after the death of the sole petitioner

Subjects

  • contempt of court
  • withdrawal of petition
  • death of petitioner
  • civil writ jurisdiction
  • Patna High Court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Jurisdiction Case No.3189 of 2023
                                                            In
                                    Civil Writ Jurisdiction Case No.15327 of 2022
                     ======================================================
                     Dr. Manindra Kumar Manish S/o Late Singheshwar Prasasd Mandal, resident
                     of Binodpur, P.S. - Katihar Sadar, District- Katihar.
                                                                               ... ... Petitioner/s
                                                         Versus
               1.     The State of Bihar .
               2.    Mr. Pratayaya Amrit, The Addl. Chief Secretary, Health Department, Govt.
                     of Bihar, Patna.
               3.    Mr. Ravi Prakash, The District Magistrate, Katihar, District- Katihar.
               4.    Mr. Dr. Jitendra Nath Singh, The Civil Surgeon, Katihar, District- Katihar.
               5.    Mr. Sanjay Biswas, The Treasury Officer, Katihar.
               6.     Mr. Pushkar Kumar, The Accountant General, Bihar, Patna.
                                                                         ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :    Mr.Bhola Prasad, Advocate
                     For the Opposite Party/s :    Mr.Binod Kumar Yadav (SC 18)
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                           ORAL ORDER

3       03-04-2026                     Heard learned counsel appearing on behalf of the

                       petitioner and the learned SC 18 for the State.

                                    2. Learned counsel appearing on behalf of the

                       petitioner seeks to withdraw the present contempt petition in

                       view of the fact that the sole petitioner has died.

                                    3. Permission accorded.

                                    4. The present contempt application is accordingly

                       dismissed as withdrawn.


                                                          (Purnendu Singh, J)
chn/-
U


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