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Patna High Court

Radheyshyam ChaudharyversusManoj Kumar, the Principal Secretary, Department of Panchayati Raj

Decided
Disposal
DISPOSED

Holding

The court granted the petitioners liberty to initiate contempt proceedings and disposed of the petition.

Summary

Petitioners Radheyshyam Chaudhary and Ganga Prasad Yadav filed a writ petition seeking the initiation of contempt proceedings against several government officials for allegedly willfully defying an order dated 15 April 2025 in CWJC No. 5541 of 2025. The petitioners argued that the opposite parties had ignored the earlier order and therefore should be held in contempt. The learned counsel for the petitioners requested that the court grant them liberty to agitate the matter and proceed with contempt action. The court examined whether such liberty could be granted and whether the defiance constituted contempt. Justice Rajiv Roy granted the petitioners liberty to pursue contempt proceedings and disposed of the present petition. The order effectively allowed the petitioners to move forward with contempt action against the respondents.

Issues considered

  • Whether the petitioners are entitled to liberty to initiate contempt proceedings against the opposite parties for alleged willful defiance of a prior court order
  • Whether the alleged defiance amounts to contempt of court

Subjects

  • contempt of court
  • civil writ jurisdiction
  • liberty to agitate
  • defiance of court order
  • high court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3621 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.5541 of 2025
                 ======================================================
           1.     Radheyshyam Chaudhary Son of Chetharu Chaudhary, Resident of Ward
                  No. 4, Village- Karnpur, P.s.- Rudrapur, District Madhubani.
           2.    Ganga Prasad Yadav, Son of Bikram Yadav, Resident of Village- Sisauni,
                 Ward No. 4, P.s.- Rudrapur, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                              Versus
           1.    Manoj Kumar, the Principal Secretary, Department of Panchayati Raj
                 Government of Bihar, Patna.
           2.    Anand Sharma, the District Magistrate -cum- Collector, District-
                 Madhubani.
           3.    Mukesh Ranjan, the Additional Collector, District- Madhubani.
           4.    Kumar Gaurav,         the     Sub-Divisional   Officer,   Jhanjharpur,     District-
                 Madhubani.
           5.    Tony Kumar, the Deputy Collector, Land Reforms, Jhanjharpur, District-
                 Madhubani.
           6.    Priyadarshani, the Circle Officer, Andharathari, District- Madhubani.
           7.    Rajesh Kumar, the Revenue / Halka Karmachari, Andhrathari, District-
                 Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashank Chandra, Advocate
                 For the Opposite Party/s :        Mr. Kamlesh Kishore, AC to SC-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-01-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of Contempt proceedings

                                              against   Opposite       Parties,       for     their

                                              intentional and willful defiance of the Order
         Patna High Court MJC No.3621 of 2025(3) dt.09-01-2026
                                                     2/2




                                           dated 15.04.2025, passed in CWJC No. 5541

                                           of 2025.

                                3. Learned counsel for the petitioner submits that the

                   order has already been passed and as such liberty be granted to

                   agitate the matter.

                                4. Granting said liberty, the MJC No. 3621 of 2025 is

                   disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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