Patna High Court
Brij Kishore SinghversusThe State Of Bihar, Through The Principal Secretary Department Of Food And Civil Supplies, Governme
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the opposite parties had complied with the earlier order by paying the amount with interest, thus no contempt could be found.
Summary
Brij Kishore Singh filed a petition seeking to initiate contempt proceedings against the State of Bihar and related officials for allegedly failing to comply with an order dated 29 June 2018 issued in C.W.J.C. No. 9770/2018. The petitioner alleged non‑payment of a directed amount with interest. The court examined the show‑cause response and found that the amount, together with interest, had been paid as evidenced by a letter dated 4 February 2019 from the District Manager, BSFC, Siwan. Since compliance was demonstrated, the court held that there was no ground for contempt. The court further directed that if the petitioner still harboured any grievance, it could be raised before the appropriate forum. Consequently, the petition was disposed of without ordering contempt proceedings.
Issues considered
- What is the appropriate remedy when a party allegedly fails to comply with a prior court order?
- Whether the payment of the amount with interest as evidenced by the letter constitutes compliance sufficient to bar contempt proceedings.
Subjects
- contempt
- civil writ jurisdiction
- order compliance
- high court
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3952 of 2018
In
Civil Writ Jurisdiction Case No.9770 of 2018
======================================================
Brij Kishore Singh S/o Late Khobhari Singh, Resident of Village- Dumra,
P.O.- Dwrra, P.S.- Dumra, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar, Through The Principal Secretary Department Of Food
And Civil Supplies, Government.
2. The Chief Finance State Food Corporation namely Sri Sushik Kumar,
3. Sub Divisional Officers, Maharajganj, Siwan, namely Manjit Kumar.
4. The District Manager, Food Corporation of India, Siwan namely Sharwan
Kumar.
5. The Collector, Siwan, namely Ranjita Kumari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.S. Raza Ahmad - Aag 5
Mr. Shailendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 02-04-2026 Heard Mr.Dhananjay Kumar Tiwary, learned
counsel for the petitioner and Mr. Shaildendra Kumar Singh,
learned counsel for the opposite party.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of proceeding of contempt
against the opposite parties for non
compliance of the order dated 29.06.18
passed in C.W.J.C. No. 9770/2018 by
Hon'ble Mr. Justice Vikash Jain (as His
Patna High Court MJC No.3952 of 2018(6) dt.02-04-2026
2/2
Lordship then was).
3. The show cause of the opposite party shows that
the amount alongwith the interest has been paid and the details
are in the letter no. 216 dated 04.02.2019 issued by the District
Manager, BSFC, Siwan.
4. If the petitioner still has any grievance, can very
well agitate the same before appropriate forum.
5. Granting said liberty, the MJC No. 3952 of 2018 is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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