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Patna High Court

Bindeshwari MandalversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of, effectively dismissing the application for contempt proceedings.

Summary

The petitioner, Bindeshwari Mandal, filed a petition seeking initiation of contempt proceedings against the District Magistrate of Saharsa and the Block Development Officer, alleging willful violation of an order passed in Civil Writ Jurisdiction Case No. 13775 of 2010. The respondents filed a show‑cause response stating that the required payments had been made. The court examined whether the respondents’ actions constituted contempt of the earlier order. Finding that the matter could be agitated by the petitioner if any grievance remained, the court disposed of the contempt petition without further order. Consequently, no contempt proceedings were instituted.

Issues considered

  • Whether the respondents willfully violated the order passed in C.W.J.C. No. 13775 of 2010, justifying contempt proceedings
  • Whether the petition for contempt should be entertained or dismissed

Subjects

  • contempt of court
  • civil writ jurisdiction
  • execution of court order
  • high court procedure
  • disposal of petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3308 of 2018
                                                      In
                               Civil Writ Jurisdiction Case No.13775 of 2010
                 ======================================================
                 Bindeshwari Mandal Son of Late Khusilal Mandal Resident of Village -
                 Ghibaha, Police Station - Chhatapur, District - Supaul.

                                                                                ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    Smt. Dr. Shelja Sharma, District Magistrate, Saharsa.
           3.    Mr. Amrendra Kumar Amar, Block Development Officer, Kahara, Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binay Krishna, Advocate
                 For the Opposite Party/s :        Mr.Raghwanand, G.A.11
                                                   Mr. Sanjay Kr. Tiwary, AC to GA-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   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 respondent party no. 2 and 3 for

                                              their willful and deliberate violation of order

                                               passed by in C.W.J.C. No. 13775 of 2010

                                              and or punishing than appropriately in

                                              accordance with law..

                                 3. A show cause on behalf of the opposite party nos. 2

                   and 3 is on record, according to which, payments have been

                   made to him.
         Patna High Court MJC No.3308 of 2018(4) dt.12-03-2026
                                                     2/2




                                4. In that background, allowing the petitioner to

                   agitate the matter, if he has still any grievance, the contempt

                   petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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