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Patna High Court

Shiva Shankar ChoudharyversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the contempt petition, effectively rejecting the claim of contempt.

Summary

Shiva Shankar Choudhary filed a miscellaneous writ petition seeking contempt proceedings against the State of Bihar and officials of B.N. Mandal University, alleging willful disobedience of a 9 May 2016 order directing certain payments. The university produced a showcause showing that all payments had been made, but the petitioner claimed a grievance regarding interest on those payments. The court noted that the petitioner always has the liberty to approach the court for relief and, after hearing counsel for all parties, disposed of the petition without granting contempt relief. No further directions were issued, and the court expressed appreciation for the petitioner’s counsel. The petition was effectively dismissed.

Issues considered

  • Whether the respondents can be held in contempt for alleged non‑payment of amounts directed by the earlier order
  • Whether the petitioner is entitled to interest on the payments allegedly made

Subjects

  • contempt of court
  • civil writ jurisdiction
  • university payments
  • interest entitlement
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.4329 of 2018
                                                     In
                               Civil Writ Jurisdiction Case No.5638 of 2015
                 ======================================================
                 Shiva Shankar Choudhary son of Late Nand Kishore Choudhary resident of
                 Village Lagma (Rambhadrapur) P.S. Tardih, District- Darbhanga.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    Dr. Awadh Kishore Roy, Vice Chancellor, B.N. Mandal University,
                 Madhepura.
           3.    Col. Neeraj Kumar, Registrar, B.N. Mandal University, Madhepura.
           4.    Dr Maya Sharan Pathak, the Finance Officer, B.N. Mandal University,
                 Madhepura.
           5.    R.K. Mahajan, Principal Secretary, Human Resources Development
                 Department, Govt. of Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :   M/s Binodanand Mishra, Soumya Sinha,
                                                     Advocates
                 For the U n i v e r s i t y :   M/s Rakesh Kr, Rajni Kant Singh, Advocates
                 For the S t a t e           :   Mr Vijay Kr Mishra, AC to AAG XV
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   23-04-2026                    Learned counsel for the petitioner undertakes to

                   remove the defect, as pointed out by the office.

                                  2 Heard Ms Soumya Sinha, learned counsel for the

                   petitioner and the State as also the University.

                                  3 The present MJC has been filed for the following

                   reliefs:

                                       “… … … for initiation of contempt of
                             Court proceeding, conviction and award of
                             appropriate sentence to the Opposite Parties, as
                             they willfully and deliberately disobeyed the order
                             and direction of this Hon’ble Court dated
           Patna High Court MJC No.4329 of 2018(4) dt.23-04-2026
                                                       2/2




                             09.05.2016 passed in CWJC No 5638 of 2015 by
                             Hon’ble Mr Justice Shivaji Pandey.”

                                  4 A show case has come on behalf of the B N Mandal

                     University showing that all the payments have been made.

                                  5 Learned counsel for the petitioner submits that the

                     petitioner still has some grievance relating to the interest for

                     which liberty be granted.

                                  6 The said liberty is always there to the litigant, much

                     less the petitioner.

                                  7 With the aforesaid observation, MJC No 4329 of

                     2018 is disposed of.

                                  8 Before parting, this Court would like to put on

                     record its word of appreciation for Ms Soumya Sinha, Advocate

                     for her proper assistance rendered in the matter.



                                                    (Rajiv Roy, J)
M.E.H./-

U


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