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Patna High Court

Sunita UpadhyayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the contempt petition, granting the petitioners liberty to agitate the matter further.

Summary

Petitioners Sunita Upadhyay and Rajani Kumari filed a writ petition in the Patna High Court seeking initiation of contempt proceedings against several officials of the State of Bihar, alleging that they willfully disobeyed an order dated 03‑07‑2019 in Civil Writ Jurisdiction Case No. 13306 of 2019. The petition claimed that the opposite parties ignored the earlier order and therefore should be punished under the Contempt of Courts Act. The court heard the matter on 11‑03‑2026, noted a show‑cause notice filed by one of the opposite parties and an annexure indicating a memo issued by the District Programme Officer on 13‑03‑2020. After considering the submissions, the court granted the petitioners liberty to agitate the issue further and disposed of the contempt petition. The disposition effectively left the matter open for further action by the petitioners while terminating the present application.

Issues considered

  • Whether the opposite parties are in contempt of court for willfully disobeying the order dated 03‑07‑2019 in CWJC No. 13306 of 2019

Legislation cited

Subjects

  • contempt of court
  • civil writ jurisdiction
  • disobedience of court order
  • high court
  • petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.344 of 2020
                                                       In
                               Civil Writ Jurisdiction Case No.13306 of 2019
                 ======================================================
           1.     Sunita Upadhyay Daughter of Shivji Dube, Resident of Village Gabhirar
                  Post Office Gabhirar Police Station Raghunathpur, District- Siwan.
           2.    Rajani Kumari, Wife of Anup Kumar, Daughter of Vijendra Kumar Singh,
                 resident of Village Ratanpatti Post Office Matiyar Manjhi Police Station
                 Manjhi District- Saran at Chapra.

                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principle Secretary Human Resource
                 Development Department Govt. of Bihar, Patna.
           2.    The Principle Secretary Human Resource Development Department Govt. of
                 Bihar, Patna.
           3.    Mr. Subrat Kumar Sen, The District Magistrate Saran at Chapra.
           4.    Mr. Ajay Kumar Singh, The District Education Officer, Saran at Chapra.
           5.    Mr. Sunil Kumar Gupta, The District Program Officer Chapra Saran.
           6.    Mr. Nilkamal, The Block Development Office Manjhi Chapra Saran.
           7.    Miss. Vibha Rani, The Block Education Officer Manjhi Chapra Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Subodh Kumar Barnwal, Advocate
                 For the Opposite Party/s :     Mr. Madanjeet Kumar (GP-20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   11-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for initiating a Contempt of Court

                                   proceeding         against         the         Opposite

                                   Parties/contemnors and also for their punishment

                                   provided under the provisions of contempt of
          Patna High Court MJC No.344 of 2020(4) dt.11-03-2026
                                                      2/2




                                    courts Act as the opposite parties have willfully

                                    and deliberately disobeyed and disregarded the

                                    order dated 03.07.2019 passed in CWJC No.

                                    13306 of 2019.”

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

                    party no. 4 and Annexure-A shows that an order has been passed

                    by the District Programme Officer, Establishment, Saran

                    communicated vide memo no. 1165 dated 13.03.2020.

                                 4. Granting liberty to the petitioner to agitate the

                    matter, MJC No. 344 of 2020 stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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