Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The Court allowed the withdrawal of the contempt application and dismissed it as withdrawn.
Summary
Petitioners Ajay Kumar and Kailash Prasad filed a writ and a contempt application against the State of Bihar and several officials, alleging non‑compliance with a prior order. The petitioners later sought the court's permission to withdraw the contempt application, stating that the writ order had been complied with. The High Court examined whether it could allow the withdrawal of a contempt proceeding. The Court held that, since the petitioners had satisfied the conditions for withdrawal and the order was complied with, it could grant permission. Accordingly, the Court permitted the withdrawal and dismissed the contempt application as withdrawn.
Issues considered
- Whether the High Court can permit the withdrawal of a contempt of court application after compliance with the underlying order
Subjects
- contempt of court
- withdrawal of application
- writ jurisdiction
- civil procedure
- compliance with order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3567 of 2023
In
Civil Writ Jurisdiction Case No.11944 of 2022
======================================================
1. Ajay Kumar S/o Late Jaiprakash Sah @ Jaiprakash Gupta @ Jay Prakash
Residing at Nakti Devi Road, Dighwara, Ward No. 15, P.O. and P.S.-
Dighwara, District-Saran.
2. Kailash Prasad S/o Late Nandu Sah @ Nandu Prasad Residing at Nakti Devi
Road, Dighwara, Ward No. 15, P.O. and P.S.-Dighwara, District-Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Arunish Chawla, I.A.S. the Principal
Secretary, Urban Development Department, Government of Bihar, Patna.
2. Sri Aman Samir, I.A.S., the District Magistrate, Saran at Chapra.
3. Priyanka Rani, I.A.S. the Deputy Development Commissioner-cum-Chief
Executive Officer, Zila Parishad, Saran at Chapra.
4. Sri Amrendra Kumar , the District Engineer, Zila Parishad, Saran at Chapra.
5. Sri Dina Nath Dutta, the Assistant Engineer, Zila Parishad, Saran at Chapra.
6. Sri Shambhu Nath Singh, the Junior Engineer, Zila Parishad, Saran at
Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitesh Kumar, Advocate.
For the Opposite Party/s : Mr. Standing Counsel -9
For Respondent Zila Parishad Mr. Bajrangi Lal, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SATYAVRAT VERMA)
2 17-04-2026 1. Heard learned counsel for the petitioners, learned
AC to SC-9 and the learned counsel appearing on behalf of
respondent Zila Parishad.
2. Learned counsel appearing on behalf of the
petitioners seeks permission to withdraw the Contempt
Patna High Court MJC No.3567 of 2023(2) dt.17-04-2026
2/2
application, as the order passed in the writ application, stands
complied.
3. Permission is accorded.
4. The Contempt application is accordingly dismissed
as withdrawn.
(Satyavrat Verma, J)
( Harish Kumar, J)
amit/-
U T
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