Patna High Court
Ganesh Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted liberty to the petitioner to agitate the matter and disposed of the petition.
Summary
The petitioner, Ganesh Prasad Yadav, filed a petition in the Patna High Court seeking to initiate contempt proceedings against several state officials for allegedly failing to comply with an order dated 12‑12‑2005 in Civil Writ Jurisdiction Case No.13826/2003. The petition was filed 13 years after the original order, raising questions about the timeliness of contempt action. The opposite parties filed a show‑cause notice stating that they would take positive steps and make the required payment once the allotment is made. The petitioner’s counsel argued that the court should grant liberty to agitate the matter if the payment is not made. Justice Rajiv Roy granted the requested liberty to the petitioner to pursue the matter and disposed of the miscellaneous jurisdiction case No.4183 of 2018. The order effectively closed the petition without ordering contempt proceedings.
Issues considered
- Whether contempt proceedings can be initiated 13 years after the original order for non‑compliance
- Whether the court should grant liberty to the petitioner to agitate the matter pending compliance
Subjects
- contempt of court
- writ jurisdiction
- delay in compliance
- civil procedure
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4183 of 2018
In
Civil Writ Jurisdiction Case No.13826 of 2003
======================================================
Ganesh Prasad Yadav Son of Late Kusum Lal Yadan Resident of Mohalla-
Ward No.6, Hulasa, P.S.-Hulasa, District-Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director, Panchayati Raj Department, Government of Bihar, Patna.
3. The Joint Director-Cum-Joint Secretary, Panchayati Raj, Department, Patna.
4. The District Panchayat Raj Officer, Supaul.
5. The District Magistrate, Supaul.
6. The Block Development Officer, Pipara, Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhaneshwar Prasad Gupta, Advocate
For the Opposite Party/s : Mr.Manish Kumar, Advocate, AC to Ex.AAG-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 30-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) to initiate Contempt Proceeding against
the Opposite Parties, Who have not been
fully Complied and deliberately violating the
Order dated 12.12.2005 passed in C.W.J.C.
No. 13826/2003.
3. The petitioner has come before this Court 13 years
after the writ Court’ order.
Patna High Court MJC No.4183 of 2018(4) dt.30-04-2026
2/2
4. A show cause has come on behalf of the opposite
parties to show that they have taken positive steps in the matter
and no sooner the allotment comes, the payment shall be made.
5. Learned counsel for the petitioner submits that it
will suffice that if liberty is granted to him to agitate the matter
if the payment is not made.
6. Granting said liberty, the MJC No. 4183 of 2018 is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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