Patna High Court

Pitambar ChaudharyversusMr Brijesh Mehrotra, State Of Bihar Through Principal Secretary, Transport Department, Bihar, Patna

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

Holding

The petition is dismissed as the earlier order has been fully complied with and a fresh petition after such a lapse is impermissible.

Summary

The petitioner, Pitambar Chaudhary, filed a petition in the Patna High Court seeking relief against alleged non‑compliance of an order dated 22 June 2001 in Miscellaneous Jurisdiction Case No. 536 of 1999. The petitioner claimed that while some payments had been made by the Bihar State Road Transport Corporation (BSRTC), certain dues remained unpaid. The corporation and the State contended that all admissible dues had already been settled. The Court observed that the earlier case had been finally disposed of in 2001 and that filing a fresh petition sixteen years later was impermissible and could amount to contempt under the Contempt of Courts Act. Consequently, the Court held that there was no ground to entertain the petition and disposed of it. The petition was therefore dismissed.

Issues considered

Whether the petitioner can file a fresh petition for non‑compliance of an order that was already disposed of in 2001.
Whether the filing of such a petition after a long lapse amounts to contempt of court under the Contempt of Courts Act.

Legislation cited

Contempt of Courts Act, 1971

Subjects

Contempt of Court
Execution of Decree
Jurisdiction
Limitation
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3354 of 2017
                                                     In
                               Miscellaneous Jurisdiction Case No.536 of 1999
                 ======================================================
                 Pitambar Chaudhary Son of Late Tarni Prasad Chaudhary, Resident of Chhoti
                 Bhawnathpur, P.O.- Rannuchak Makand Pur, P.S.- Akbar Nagar Sultanganj,
                 District- Bhagalpur.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    Mr Brijesh Mehrotra, State Of Bihar Through Principal Secretary, Transport
                 Department, Bihar, Patna
           2.    Mr. Ram Kishore Mishra, B.S.R.T.C. through its Administrator, Pariwahan
                 Bhawan, Birchand Patel Path, Patna
           3.    Mr. Ram Kishore Mishra, Administrator, B.S.R.T.C., Pariwahan Bhawan,
                 Birchand Patel Path, Patna.
           4.    Mr. Arbind Kumar Choudhary, Chief Accounts Officer, B.S.R.T.C.,
                 Pariwahan Bhawan, Birchand Patel Path, Patna
           5.    Mr. Choudhary Anant Narayan, The Chief Administrator, Pariwahan
                 Bhawan, Birchand Patel Path, Patna
           6.    Mr. Choudhary Anant Narayan In-charge, Chief of Operation, B.S.R.T.C.,
                 Pariwahan Bhawan, Birchand Patel Path, Patna
           7.    Mr. Arbind Kumar Singh, The Divisional Manager, B.S.R.T.C., Bankipur,
                 Patna Division, Patna.
           8.    Mr. Ashok Singh, Divisional Manager, B.S.R.T.C., Bhagalpur Division,
                 Bhagalpur.
           9.    The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Mrityunjay Kumar, Advocate
                 For the BSRTC          :      Mr. Prabhat Kumar Verma, Sr. Advocate
                                        :      Mr. Arvind Kumar, Advocate
                 For the State          :      Mr. Sushil Kumar Singh, AC to AAG-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   23-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                “against the non-compliance of the
            Patna High Court MJC No.3354 of 2017(5) dt.23-04-2026
                                                        2/2




                                         order dated 22.06.2001 of MJC No.536 of 1999

                                         in CWJC No. 5865 of 1997.”

                                   3. It has been jointly submitted by Mr. Mritunjay

                      Kumar, learned counsel for the petitioner as also Mr. P.K.

                      Verma, learned Senior Counsel representing the Bihar State

                      Road Transport Corporation (henceforth for short ‘the

                      Corporation’) that the payments have been made. However, the

                      learned counsel for the petitioner further submits that the some

                      payments has still awaited.

                                   4. This Court is of the view that MJC No. 536 of 1999

                      already stands disposed of 22.06.2001. If the petitioner had any

                      grievance, appropriate forum/court was/were available, sixteen

                      years later, another MJC, in the opinion of the Court is

                      impermissible following the Contempt of Courts Act.

                                   5. Once again, it has been reiterated by learned Senior

                      Counsel for ‘the Corporation’ that all admissible dues have been

                      paid.

                                   6. In that background, granting liberty to agitate the

                      matter if still anything remains, the petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U

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