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Patna High Court

Gopal MahtoversusThe State Of Bihar, Through Mr. Vivek Kumar Singh, Principal Secretary, Department Of Revenue, Govt

Decided
Disposal
DISPOSED

Holding

Since the order dated 13‑04‑2017 was found to have been complied with, no contempt proceedings were warranted and the petition was disposed.

Summary

The petitioner, Gopal Mahto, filed a petition seeking the initiation of contempt proceedings alleging a flagrant violation of an order dated 13‑04‑2017 passed in CWJC No. 12867 of 2016. The petition named the State of Bihar and several officials and private individuals as respondents. The petitioner’s counsel argued that the earlier order had been complied with and requested liberty to agitate any remaining issues. The Court, after hearing, accepted the contention that the order was complied with and therefore found no ground for contempt. Consequently, the Court granted the petitioner liberty to raise any further matter, if any, and disposed of the petition. The judgment thus ends the contempt application without further proceedings.

Issues considered

  • Whether the petitioner is entitled to initiate contempt proceedings for alleged violation of the order dated 13‑04‑2017.
  • Whether the order dated 13‑04‑2017 has been complied with by the respondents.

Subjects

  • contempt of court
  • writ jurisdiction
  • order compliance
  • petition disposal
  • liberty to agitate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.3756 of 2017
                                                   In
                             Civil Writ Jurisdiction Case No.12867 of 2016
                 ======================================================
                 Gopal Mahto Son of Late Ram Swaroop Mahto, resident of Village Banhara,
                 Gram Panchayat Dhankaul, P.S. Anchal Teghra, District- Begusarai.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State Of Bihar, Through Mr. Vivek Kumar Singh, Principal Secretary,
                 Department Of Revenue, Govt
           2.    Mr. Md. Naushad Yusuf, The District Magistrate, Begusarai.
           3.    Mr. Dr. Nishant, The Sub-Divisional Magistrate Teghra, District Begusarai.
           4.    Mr. Rajeev Singh, The Circle Officer, Teghra, District- Begusarai.
           5.    Mr. Phulendu Jha, The Circle Inspector, Teghra, District- Begusarai.
           6.    Mr. Shambhu Singh, The Anchal Amin, Teghra Anchal, Teghra, District-
                 Begusarai.
           7.    Sahil Sinha @ Purushottam Kumar, Son of late Bipin Prasad Sinha.
           8.    Chotan Sinha, Son of Late Bipin Prasad Sinha
           9.    Prince Sinha, Son of Late Bipin Prasad Sinha.
           10. Shambhu Prasad Sinha, Son of Late Binda Lal
           11. Navin Prasad Sinha, Son of Late Binda Lal
           12. Ram Chandra Prasad, Son of Jamun Lal,
           13. Gauri Mahto, Son of Lakhichand Mahto.
           14. Vijay Mahto, Son of Gauri Mahto.
           15. Surjeet Mahto, son of Rama Shankar Mahto.
           16. Kunal Mahto, son of Rama Shankar Mahto, All resident of Village- Banhara,
               Gram Panchayat Dhankaul, P.S and Anchal- Teghra, District- Begusarai.

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

3   23-04-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   grant of following relief(s):
            Patna High Court MJC No.3756 of 2017(3) dt.23-04-2026
                                                        2/2




                                                      “for initiation of contempt proceeding

                                         for flagrant violation of the order dated

                                         13.04.2017 passed by the Hon’ble Court in

                                         CWJC No. 12867 of 2016.”

                                   3. Learned counsel for the petitioner submits that the

                      order stands complied, liberty be granted to agitate the matter, if

                      anything remains.

                                   4. Granting said liberty, the petition stands disposed

                      of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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