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Patna High Court

Surendra YadavversusThe State Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The contempt petition was disposed of, finding no contempt.

Summary

Surendra Yadav filed a petition seeking to initiate contempt proceedings against Circle Officer Purendra Singh for allegedly wilfully violating an order dated 14-12-2017 in CWJC No.9343/2017. The State counsel produced Annexure‑A indicating that the alleged encroachment had been cleared and that the petitioner had signed the petition. The court examined the show‑cause notice and the annexure, and found no basis to proceed with a contempt action. Consequently, the court granted the petitioner liberty to raise any further grievance but disposed of the contempt petition. The petition was therefore dismissed without any contempt finding.

Issues considered

  • Did the opposite party wilfully and deliberately violate the order dated 14‑12‑2017?
  • Is a contempt proceeding warranted in the present circumstances?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order compliance
  • show cause notice
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3656 of 2018
                                                      In
                                Civil Writ Jurisdiction Case No.9343 of 2017
                 ======================================================
                 Surendra Yadav S/o Late Darpi Yadav, R/o Village- Parkauli, P.S. Arer,
                 District- Madhubani.

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar and Anr
           2.    Purendra Singh, S/o not known, presently posted as Circle Officer, Benipatti,
                 Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Baidya Nath Thakur, Advocate
                 For the Opposite Party/s :        Mr.Md. Khurshid Alam - Aag 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   02-04-2026                    Learned counsel for the petititioner undertakes to

                   remove the defect(s).

                                2. Heard the parties.

                                3. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiating a contempt proceeding

                                              against the opp. party 2 for his wilful and

                                              deliberate violation of       the order dated

                                              14.12.2017 passed in CWJC No. 9343/2017.

                                 4. The show cause of the opposite party is on record

                   and the learned State counsel has taken this Court to Annexure-

                   A to show that the encroachment stands cleared                       and the
         Patna High Court MJC No.3656 of 2018(5) dt.02-04-2026
                                                     2/2




                   petitioner amongst other has signed the petition.

                                5. Accordingly, granting liberty to the petitioner to

                   agitate the matter, if he still has any grievance, the contempt

                   petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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