Patna High Court
Roushan Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the petition, granting the petitioner liberty to prefer a fresh contempt petition if required.
Summary
Roushan Kumar Jha filed a petition in the Patna High Court seeking a contempt order against several officials of the Bihar government for allegedly disobeying the court's order dated 09‑09‑2025 in CW.JC No. 14284 of 2024, which directed the Collector of Bhagalpur to pass a reasoned order. The respondents argued that the Collector had placed the earlier order in abeyance pending the disposal of other miscellaneous cases and that the petitioner had concealed material facts, prompting a review of the order. The High Court noted that the Collector had already been shown cause and a hearing was fixed for 26‑04‑2026, and it urged compliance with the writ court's direction without further adjournments. In view of the pending hearing and the possibility of a fresh contempt filing, the court disposed of the present miscellaneous petition while granting the petitioner liberty to file a fresh contempt petition if necessary. The order emphasizes the need for administrative authorities to promptly obey judicial orders and clarifies that contempt proceedings may be revived after compliance is sought.
Issues considered
- Whether the respondents are in contempt of the order dated 09‑09‑2025 directing the Collector, Bhagalpur to pass a reasoned order.
- Whether the Collector's decision to keep the earlier order in abeyance constitutes a violation of the writ court's direction.
- Whether the petitioner may be permitted to file a fresh contempt petition after the pending hearing.
Subjects
- contempt of court
- writ jurisdiction
- order compliance
- administrative law
- miscarriage of justice
- abeyance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4227 of 2025
In
Civil Writ Jurisdiction Case No.14284 of 2025
======================================================
Roushan Kumar Jha son of Late Pashupati Nath Jha, resident of village-
Masdih, P.S.- Sultanganj, District-Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reform, Government of Bihar, Patna namely Sri C.K. Anil.
2. Sri C. K. Anil, the Principal Secretary, Revenue and Land Reform,
Government of Bihar, Patna.
3. Sri Abhinash Kumar Singh, the Commissioner, Bhagalpur, Division
Bhagalpur.
4. Sri Dr. Nawal Kishor Choudhary, The District Magistrate/Collector,
Bhagalpur.
5. Sri Dinesh Ram, The Additional Collector, Bhagalpur.
6. Sri Vikash Kumar, The Sub Divisional Officer, Bhagalpur, District-
Bhagalpur.
7. Sri Anuj Kumar Jha, The Anchaladhikari, Sultanganj, District Bhagalpur.
8. Mira Devi, wife of Arun Yadav @ Arun Prasad Yadav, resident of village-
Masdih, P.S.-Sultanganj, District-Bhagalpur.
9. Arun Yadav, son of Late Prasadi Yadav, resident of village-Masdih, P.S.-
Sultanganj, District-Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr.Chandra Shekhar Singh, AC to GA-10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 17-04-2026 Heard Mr.Sharda Nand Mishra, learned counsel
for the petitioner and Mr. Chandra Shekhar Singh, AC to GA-
10.
2. The present petition has been preferred for the
Patna High Court MJC No.4227 of 2025(4) dt.17-04-2026
2/4
following relief/s:
(i) "for issuance of rule of contempt
against the opposite parties for suitable
convict against them for disobeying the
order dated 09.09.2025 passed in CW.JC
No. 14284 of 2024 by the Hon'ble Court
and further issue specific direction to
undue the breach of the order dated
09.09.2025.".
3. A show cause has come on behalf of the opposite
party no.4 and the learned State counsel has taken this Court
to paragraphs-13 and 14 which read as follows:
13. That it is further submitted and
stated that after hearing the case,
the answering District Magistrate-
Cum-Collector, Bhagalpur passed
order for keeping the order dated
11.11.2024 in Misc. Case No.
152/2022-23 in abeyance till the
disposal of Misc. Case No.
217/2025-26.
14. That it is further humbly
Patna High Court MJC No.4227 of 2025(4) dt.17-04-2026
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submitted and stated that since the
issue of concealment of facts by the
petitioner has now come into light
as well as in the notice of the
answering District Magistrate-
Cum-Collector, Bhagalpur, it has
been decided to review the
concerned order so that
miscarriage of justice may not
occur in any way. Accordingly,
notice upon the parties have also
been served fixing 26.04.2026 as
the next date of hearing.
4. This Court in C.W.J.C. No. 14284 of 2025 on
09.09.2025 passed an order directing the Collector, Bhagalpur
to pass a reasoned order.
5. The aforesaid statement of the Collector,
Bhagalpur in the show cause shows that parties have already
been noticed and the next date of hearing is 26.04.2026.
6. In that background, the Collector, Bhagalpur is
well advised to comply the order passed by the writ court and
after hearing all the parties without unnecessary adjournment,
Patna High Court MJC No.4227 of 2025(4) dt.17-04-2026
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the matter be taken to its logical conclusion at an earliest.
7. The MJC No. 4227 of 2025 is disposed of
granting liberty to the petitioner to prefer fresh contempt
petition, if so required.
(Rajiv Roy, J)
Ravi/-
U
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