Patna High Court

Pervez AhmadversusThe State Of Bihar, Through The Principal Secretary Sri Amir Subhani, Home Police Department, Gover

Decided: 23 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court declined to order contempt proceedings, granting the petitioner liberty to pursue the matter through appropriate legal channels.

Summary

Petitioner Pervez Ahmad filed a petition seeking initiation of contempt of court proceedings against several officials of the Bihar Police and the District Magistrate for allegedly violating an order dated 23‑04‑2018 that directed the magistrate to expedite the grant of a license within four weeks. The petitioner claimed that more than four weeks had elapsed without compliance and that the District Magistrate had rejected his representation. The opposite parties filed a show‑cause memorandum indicating the magistrate's rejection of the representation. The Court, after hearing, allowed the petitioner to agitate the matter in accordance with law but did not order contempt proceedings. Consequently, the petition (MJC No. 3353 of 2018) was disposed of.

Issues considered

Whether the opposite parties willfully violated the order dated 23‑04‑2018 directing the District Magistrate to grant a license within four weeks.
Whether contempt of court proceedings can be initiated against the officials for the alleged non‑compliance.

Subjects

contempt of court
writ jurisdiction
non‑compliance with court order
district magistrate
license grant
petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3353 of 2018
                                                    In
                              Civil Writ Jurisdiction Case No.7746 of 2018
                 ======================================================
                 Pervez Ahmad Son of Abdul Mannan, Resident of 37, West of F.C.I. Godam,
                 Moulana Azad Nagar, Phulwari, P.O. and P.S.- Phulwarisharif, District- Patna.

                                                                               ... ... Petitioner/s
                                                Versus
           1.    The State Of Bihar, Through The Principal Secretary Sri Amir Subhani,
                 Home Police Department, Government of Bihar, Patna
           2.    The Director General of Police, Sri K.S. Dwivedi, Bihar, Patna.
           3.    The Senior Superintendent of Police, Sri Manu Maharaj, Patna, Bihar.
           4.    The Commissioner, Sri Anand Kishore, Patna Division, Patna.
           5.    The District Magistrate, Sri Kumar Ravi, Patna.
           6.    The Sub Divisional Officer, Sri Sanjeev Kumar, Phulwarisharif, Patna.
           7.    The S.H.O. Sri Ajeet Kumar, Phulwarisharif Police Station, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjeet Kumar, Advocate
                                                   Mr. Kanishka Kaustabh, Advocate
                                                   Mr. Rajnish Prakash, Advocate
                                                   Ms. Lakshmi Kumari, Advocate
                                                   Ms. Prerna, Advocate
                 For the Opposite Party/s :        Mr. Prabhat Kumar Verma, AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   23-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                                 “for initiation of contempt of court

                                    proceeding and for prosecution and punishment to

                                    the Opposite parties who have willfully, knowingly

                                    and       deliberately   violated    the   Order      dated

                                    23.04.2018, passed by Hon'ble Mr. Justice Dinesh
          Patna High Court MJC No.3353 of 2018(6) dt.23-04-2026
                                                      2/2




                                    Kumar Singh in C.W.J.C. No. 7746 of 2018, whereby

                                    the Hon'ble Court while disposing of the application

                                    directed the District Magistrate, Patna to expedite

                                    and disposed of the writ application of the petitioner

                                    for grant of license within a period of 4 weeks from

                                    the date of Receipt / production of a copy of this

                                    order in accordance with law and Representation in

                                    this regard was submitted in the first weeks of May,

                                    2018, and more than 4 weeks have already elapsed

                                    but till date the order has not been complied with.”

                                 3. A show-cause has come on behalf of the opposite

                    party annexing memo no. 1282 dated 11.04.2026 which shows

                    that the District Magistrate, Patna has rejected the representation

                    of the petitioner.

                                 4. Learned counsel for the petitioner is allowed to

                    agitate the matter in accordance with law.

                                 5. With the aforesaid liberty, MJC No. 3353 of 2018

                    stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U

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