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Patna High Court

Bhagmati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the contempt petition, finding no basis to proceed with contempt proceedings.

Summary

Bhagmati Devi, widow of the late Rajeshwar Pandey, filed a petition in the Patna High Court seeking initiation of contempt proceedings against the State of Bihar and several universities for allegedly willfully disobeying an order dated 04‑05‑2018 in CWJC No. 9899 of 2017. The order required payment to the petitioner, which was eventually made after a delay of four years but without any interest. Senior counsel for the petitioner argued that the delayed payment without interest constituted contempt. The Court, after hearing the parties, granted the petitioner liberty to raise any further grievance but declined to order contempt proceedings. Consequently, the contempt petition was disposed of without any finding of contempt.

Issues considered

  • Whether the delayed payment of the decree amount without interest amounts to contempt of the High Court's order.
  • Whether the respondents can be held in contempt for alleged willful disobedience of the order dated 04‑05‑2018.

Subjects

  • contempt of court
  • delayed payment
  • interest on decree
  • Civil Writ Jurisdiction
  • Patna High Court
  • university
  • state government

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3782 of 2018
                                                     In
                               Civil Writ Jurisdiction Case No.9899 of 2017
                 ======================================================
                 Bhagmati Devi Wife of Late Rajeshwar Pandey, Resident of Village-and P.O.
                 and P.S.-Garkha, District-Saran.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar Through Sri R. K. Mahajan, Principal Secretary, Human
                 Resources Development Department, Government of Bihar, Patna.
           2.    Baba Saheb BHim Rao Ambedkar Bihar University, Muzaffarpur, through
                 its Registrar Shri Ajay Kumar Rai
           3.    Shri Amarendra Narayan Yadav, Vice Chancellor, Baba Saheb Bhim Rao
                 Ambedkar Bihar University, Muzaffarpur.
           4.    Shri Ajay Kumar Rai Registrar, Baba Saheb Bhim Rao Ambedkar Bihar
                 University, Muzaffarpur
           5.    Jai Prakash University, Chapra, through its Registrar Shri Madhurendra
                 Kumar
           6.    Shri Harikesh Singh Vice Chandellor, Jai Prakash University, Chapra.
           7.    Shri Madhurendra Kumar Registrar, Jai Prakash University, Chapra.
           8.    Sri K.K. Baitha, Principal Jagdam College, Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjay Kumar Jha, Advocate
                 For the State          :      Mr. Ashutosh Ranjan Pandey, AAG-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                             “for initiation of contempt proceeding

                                    against the contemnors/opposite parties for their

                                    willful disobedience of the order dated 04.05.2018

                                    passed in CWJC No. 9899 of 2017.”
            Patna High Court MJC No.3782 of 2018(4) dt.06-05-2026
                                                        2/2




                                   3. Learned Senior Counsel submits that though

                      payment has been made, it has been paid after four years

                      without any interest.

                                   4. Granting liberty to the petitioner to agitate the

                      matter, if any grievance still remains, the present contempt

                      petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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