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Patna High Court

Raghvendra Prasad @ Raghvendra DasversusThe State Of Bihar Through Principal Secretary, Food and Civil Supply Department,

Decided
Disposal
DISPOSED

Holding

The Court held that the respondents had complied with the earlier High Court order, and therefore the contempt petition was dismissed.

Summary

The petitioner, Raghvendra Prasad, filed a contempt petition before the Patna High Court seeking initiation of contempt proceedings against the State of Bihar, the Sub‑Divisional Officer Dhananjay Kumar and the B.D.O‑cum‑B.S.O., alleging willful disobedience of a prior High Court order dated 10 July 2018. The earlier order had quashed a memo dated 23 March 2018 and remanded the matter to the SDO to pass a fresh speaking order and to restore supplies to the petitioner without delay. The petitioner claimed that the respondents had complied with the directions and therefore sought a finding of contempt for any further non‑compliance. The learned counsel for the petitioner submitted that the order had been complied with. The Court examined the submissions and found that the respondents had indeed complied with the High Court’s directions. Consequently, the Court disposed of the contempt petition without initiating contempt proceedings. The order reflects that no further relief was required.

Issues considered

  • Did the respondents willfully disobey the High Court order dated 10 July 2018, warranting contempt proceedings?
  • Has the petitioner established a case for contempt despite alleged compliance by the respondents?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order compliance
  • High Court order
  • remand
  • supply of goods
  • petition dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.4354 of 2018
                                                      In
                              Civil Writ Jurisdiction Case No.11042 of 2018
                 ======================================================
                 Raghvendra Prasad @ Raghvendra Das S/o Mohan Das Resident of Village-
                 Ward 12, Raypur Jagrnath, Patdaura, P.S. Bajpatti, District- Sitamarhi.

                                                                              ... ... Petitioner/s
                                                Versus
           1.    The State Of Bihar Through Principal Secretary, Food and Civil Supply
                 Department, Patna.
           2.    Dhananjay Kumar, S/o Not Known, Presently posted as Sub-Divisional
                 Officer, Pupri, Sitamarhi.
           3.    The B.D.O.-cum-BSO, Bajpatti.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Anand, Advocate
                 For the Opposite Party/s :        Mr.S. Raza Ahmad, AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of contempt proceeding

                                              against the contemnors/opposite parties for

                                              willful and deliberate disobedience of the

                                              Hon'ble    High     Court's     order      dated

                                              10.07.2018 passed in CWJC No. 11042/2018

                                              whereby and whereunder the Lordship was

                                              pleased to quashed the impugned order

                                              dated 23.3.2018 contained in Memo No. 98
         Patna High Court MJC No.4354 of 2018(3) dt.12-03-2026
                                                     2/2




                                           (Ann.III) and remanded the matter to the

                                           SDO to consider the dispose of the matter a

                                           fresh by speaking order. Supplies to the

                                           petitioner shall be restore without delay until

                                           fresh orders are passed by Respondent No.2.

                                3. Learned counsel for the petitioner submits that the

                   order stands complied.

                                4. Accordingly, the contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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