Patna High Court
Sulekha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court dismissed the contempt petition, holding that the claim had already been rejected by the Collector’s order and therefore no contempt could be established.
Summary
Sulekha Kumari filed a petition seeking to initiate contempt proceedings against several officials of the State of Bihar, alleging that they willfully violated an order dated 15 April 2019 issued by Justice Ashutosh Kumar in CWJC No. 4359 of 2019. The State counsel produced a subsequent order dated 27 October 2021 issued by the Collector of Sitamarhi in Case No. 89 of 2021, which rejected the petitioner’s claim. The High Court, after hearing the parties, granted the petitioner liberty to agitate the matter but ultimately disposed of the contempt petition, noting that the claim had already been rejected by the Collector’s order. The Court expressed appreciation to the State counsel for facilitating the timely submission of the order. Consequently, the contempt petition was dismissed.
Issues considered
- Whether the opposite parties are in contempt for allegedly violating the order dated 15‑04‑2019.
- Whether a contempt proceeding can be initiated when the underlying claim has been rejected by a subsequent administrative order.
Subjects
- contempt of court
- civil writ jurisdiction
- order enforcement
- state welfare department
- administrative order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.351 of 2021
In
Civil Writ Jurisdiction Case No.4359 of 2019
======================================================
Sulekha Kumari Wife of Dilip Kumar Resident of Village- Mahisautha, P.O.-
Mahisautha, P.S.- Nanpur, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Social Welfare
Department, Government of Bihar at Patna, namely Smt. N. Vijayalakshmi.
2. Smt. Amita Paul The Commissioner, Tirhut Division at Muzaffarpur.
3. Sri L.N. Das The Secretary to the Commissioner-Cum Regional
Development Officer, Tirhut Division at Muzaffarpur.
4. Dr. Ranjeet Kumar Singh The District Magistrate, Sitamarhi.
5. Sri S.K. Verma The District Programme Officer, Sitamarhi.
6. Smt. Jyoti Singh The Child Development Project Officer, Bokhara, P.S.-
Nanpur, District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Lalit Kishore, AG
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 12-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiating the contempt proceeding
against the opposite parties (contemnors), who
have willfully and deliberately violated the order
dated 15.04.2019 passed by Hon'ble Mr. Justice
Ashutosh Kumar in C.W.J.C. No. 4359 of 2019.”
3. The learned State counsel has provided the order
dated 27.10.2021, passed by the Collector, Sitamarhi in Misc.
Patna High Court MJC No.351 of 2021(7) dt.12-03-2026
2/2
Case No. 89 of 2021 (Sulekha Kumari Vs. The State of Bihar &
Ors.), according to which, the claim of the petitioner has been
rejected.
4. Granting liberty to agitate the matter, MJC No. 351
of 2021 stands disposed of.
5. This Court would like to put on record its word of
appreciation for Mrs. Sanghmitra Ghosh, learned State counsel
for taking extra effort and see to it that the order is procured in
time and presented before this Court which led to the disposal of
the present contempt petition.
(Rajiv Roy, J)
Adnan/-
U
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