Patna High Court
M/s Vinay ConstructionversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The contempt petition was disposed of as not pressed because the petitioner withdrew the application.
Summary
The petitioners, Vinay Construction and its partner, filed a contempt application before the Patna High Court alleging that the State of Bihar and its officials willfully disobeyed the Court’s order dated 10‑05‑2018 in C.W.J.C No.18294 of 2017, which had quashed certain letters and directed the authorities to conduct a lottery for Group 1 tenderers and to proceed with Group II tender where the petitioner was declared L‑1. The petitioners claimed the opposite parties had failed to comply with those directions, constituting gross contempt. During the hearing, the petitioner's counsel expressed that the petitioner no longer wished to pursue the contempt proceedings and sought to withdraw the application. The Court considered the petitioner's desire to withdraw and held that a contempt proceeding cannot continue without the complainant’s insistence. Consequently, the contempt petition was disposed of as not pressed. The order underscores that contempt actions are discretionary and may be dismissed if the complainant withdraws the claim.
Issues considered
- Whether the contempt of court petition can be proceeded with when the petitioner withdraws the application.
- Whether the alleged non‑compliance with the earlier order amounts to contempt of court.
Legislation cited
Subjects
- contempt of court
- withdrawal of petition
- high court order compliance
- public procurement
- tender lottery
- disposal of contempt proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3956 of 2018
In
Civil Writ Jurisdiction Case No.18294 of 2017
======================================================
M/s Vinay Construction Through its working parter Mr. Ram Naresh Singh
Yadav, Son of Sri Ram Lakhan Yadav, Resident of Mohalla- Bhaluiya Tan,
P.O.- Giriak Puraini, P.S.- Muffasil, District- Nawada, At Present, Resident of
Mohalla- Ram Nagar, Near Sankat Mochan, P.O.- Gonawan, Nawada-
805110.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. Mr. Chaitanya Prasad Principal Secretary, Urban development and Housing
Department, Vikash Bhawan, Bailey Road, Patna-15.
3. Mr. Banwari Nandan The Chief Engineer, Bihar Urban Development
Agency, Urban Development And Housing Department, Vikash Bhawan,
Bailey Road, Patna- 15.
4. Mr. Suresh Kumar Tiwary The Superintendent Engineer, Bihar Urban
Development Agency, Urban Development And Housing Department,
Vikash Bhawan, Bailey Road, Patna- 15.
5. Mr. Ishwar Chandra Sharma The Municipal Commissioner, Gaya Nagar
Nigam, Gaya.
6. Mr. Vinod Kumar The Executive Engineer, District Urban Development
Agency, Cum-Nagar Nigam, Gaya.
7. Mr. Vikas Kumar Singh 7HF 9/31, Bahadurpur Housing Colony,
Kankarbagh, Patna- 26.
8. M/s. Sagar Construction Lodipur, P.O.- Bargaon, P.S.- Koch, District- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Sahay, Advocate
For the Opposite Party/s : Mr.Subhash Prasad Singh, GA-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
9 18-06-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
“that this application is being filed for
Patna High Court MJC No.3956 of 2018(9) dt.18-06-2026
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initiating a proceeding under provisions of
Contempt of Court Act, 1971, against the
opposite parties for their willfully
disobedience and violation of
order/Judgment dated 10.05.2018, passed in
C.W.J.C No. 18294 of 2017 by Hon'ble Mr.
Vikash Jain, by which, the Hon'ble Court has
pleased to quashed the impugned letters
dated 28.11.2017 (e. Annexure-P-5 Series of
writ application) and allowed the writ
application with a direction to the Opposite
Parties to proceed with the lottery with
respect to Group No.1 among the four
successful tenderers who are admittedly all
technically eligible and have equally quoted
rates in the financial bids and further this
Hon'ble Court has pleased to further
directed to Opposite Parties to proceed in
accordance with law against the tender
relates to Group II, in which the petitioner
has already been declared L-1. but till today
the Opposite Parties have not complied the
Patna High Court MJC No.3956 of 2018(9) dt.18-06-2026
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said order dated 10.05.2018 and a
committed gross contempt, so they are liable
for punishment under provision of the
Contempt of Court Act, 1971.
3. It has been informed by the learned counsel for the
petitioner that he is not interested in pressing the contempt
application and as such be permitted to withdraw the same.
4. Accordingly, the contempt petition is disposed of as
not pressed.
(Rajiv Roy, J)
Ravi/Shivangi
U
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