Patna High Court
Sunita UpadhyayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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