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Patna High Court

Navin Kumar SinghversusThe State Of Bihar Through Mr. Pankaj Kumar, Secretary, Food And Civil Supply Department,

Decided
Disposal
DISPOSED

Holding

The contempt petition was disposed of, with the petitioner granted liberty to challenge the licensing authority’s decision.

Summary

Navin Kumar Singh filed a contempt petition alleging that the State of Bihar and its officials willfully violated and disobeyed the order dated 30‑03‑2017 issued in C.W.J.C. No.2695 of 2016. The petitioner sought initiation of contempt proceedings against the respondents. During hearing, the petitioner’s counsel indicated that he would instead challenge the licensing authority’s decision of Mahnar, Vaishali. The court, after hearing the parties, granted the petitioner liberty to pursue that challenge and disposed of the contempt petition. Consequently, no contempt proceedings were ordered and the matter was left to be addressed through the pending licensing challenge.

Issues considered

  • Whether the respondents can be held in contempt for alleged willful violation of the 30‑03‑2017 order.
  • Whether the petitioner should be allowed to pursue a separate challenge to the licensing authority’s decision instead of contempt proceedings.

Subjects

  • contempt of court
  • writ jurisdiction
  • licensing authority
  • procedural compliance
  • civil writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.4054 of 2018
                                                      In
                                Civil Writ Jurisdiction Case No.2695 of 2016
                 ======================================================
                 Navin Kumar Singh Son of Late Arvind Kumar Amar Resident of Village-
                 Bhartendu Nagar (Baghnocha), Panchayat- Lawapur Narayani, Police Station-
                 Mahanar, District- Vaishali.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar Through Mr. Pankaj Kumar, Secretary, Food And Civil
                 Supply Department, Old Secretariat, Government of Bihar, Patna.
           2.    Mr. Pankaj Kumar, Secretary, Food and Civil Supply Department, Old
                 Secertariate, Government of Bihar, Patna.
           3.    Mr. Rajeev Raushan, District Magistrate, Vaishali at Hajipur.
           4.    Mr. Manoj Priyadarshi, Sub-Divisional Officer, Mahnar, District- Vaishali.
           5.    Mrs. Sabita Kumari, Block Supply Officer, Mahnar, District- Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Angad Kunwar, Advocate
                 For the Opposite Party/s :        Mr.Vishwambhar Prasad, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiating a contempt proceeding

                                              against the Opposite Parties for willful Mr.

                                              violation and disobedience of the order

                                              dated 30.03.2017 passed in C.W.J.C. No.

                                              2695 of 2016 (Navin Kumar Singh Versus

                                              The State of Bihar and Others).

                                 3. Learned counsel for the petitioner candidly accept
         Patna High Court MJC No.4054 of 2018(2) dt.12-03-2026
                                                     2/2




                   that the he will be challenging the said decision of the licensing

                   authority of Mahnar, Vaishali.

                                4. Granting liberty to the petitioner to challenge the

                   said decision, the contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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