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Patna High Court

Manoj KumarversusThe Union Of India, Department Of Human Resource Development Through Its Secretary, Mr. Kewal Kumar

Decided
Disposal
WITHDRAWN

Holding

The contempt petition is dismissed as withdrawn.

Summary

Manoj Kumar filed a petition in the Patna High Court seeking initiation of contempt proceedings against the Union of India, the State of Bihar and several university officials, alleging willful disobedience of an order dated 03‑11‑2017 in CWJC No.15627 of 2017. The petitioner’s counsel later informed the court that the matter had become infructuous and requested withdrawal of the petition. The court entertained the request and dismissed the contempt petition as withdrawn. No merits of the alleged contempt were examined. The order effectively closed the proceedings without any finding on the alleged disobedience.

Issues considered

  • Whether contempt proceedings can be initiated for alleged willful disobedience of the order dated 03‑11‑2017.
  • Whether a petition for contempt may be withdrawn by the petitioner and what the effect of such withdrawal is.

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3353 of 2017
                                                      In
                                Civil Writ Jurisdiction Case No.15627 of 2017
                 ======================================================
                 Manoj Kumar S/o Ram Lakhan Saw, At P.O.- Aliganj, P.S. Chandradeep,
                 District- Jamui, Pin- 811301.

                                                                                ... ... Petitioner/s
                                                   Versus
           1.    The Union Of India, Department Of Human Resource Development
                 Through Its Secretary, Mr. Kewal Kumar
           2.    The State of Bihar, through Mr. Anjani Kumar Singh, The Chief Secretary,
                 Government of Bihar, Old S
           3.    The Chancellor of the Universities of Bihar, Raj Bhawan, Patna through Mr.
                 Phool Chandra Choudhary,
           4.    Mr. R.K. Mahajan, The Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           5.    Mr. Manoj Kumar, Additional Secretary Higher Education, Education
                 Department, Government of Bihar,
           6.    Magadh University, Bodh Gaya, through its Registrar Dr. N.K. Shastree.
           7.    Prof. Qamar Ahsan, The Vice- Chancellor, Magadh University, Bodh Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Brijnandan, Advocate
                 For the Opposite Party/s :        Mr.Ashutosh Ranjan Pandey - Aag 15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of Contempt proceedings

                                              for willful and disobedience of the order

                                              dated 03.11.2017 passed in CWJC No.

                                              15627 of 2017 by the Hon'ble Mr. Justice

                                              Chakradhari Sharan Singh (as His Lordship
         Patna High Court MJC No.3353 of 2017(3) dt.12-03-2026
                                                     2/2




                                           then was) by the Contemnors-Opposite

                                           Parties.

                                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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