Patna High Court
Subash TiwariversusThe State Of Bihar Through The Principal Secretary, Department Of Urban Development And Housing,
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The contempt petition is withdrawn, with liberty granted to the petitioner to challenge the order before the appropriate forum.
Summary
Petitioner Subash Tiwari filed a contempt petition seeking to enforce a prior judgment dated 17‑04‑2018 (CWJC No.6718 of 2018). The Executive Officer of Nagar Parishad, Gopalganj, had issued a speaking order on 12‑06‑2018 in compliance with that judgment. The petitioner’s counsel requested permission to withdraw the contempt petition and instead challenge the 12‑06‑2018 order before the appropriate forum. The Court, after hearing the counsel, allowed the withdrawal of the contempt petition and granted liberty to the petitioner to contest the order elsewhere. Consequently, the contempt petition was disposed of as withdrawn.
Issues considered
- What is the appropriate disposition of a contempt petition when the petitioner wishes to withdraw it and pursue a separate challenge to the impugned order?
Subjects
- contempt
- withdrawal
- writ jurisdiction
- order challenge
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4434 of 2018
In
Civil Writ Jurisdiction Case No.6718 of 2018
======================================================
Subash Tiwari Son of Rajeshwar Tiwari Resident of Mohalla- Rajendra
Nagar, Ward No 22, P.O. and P.S.- Gopalganj, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department Of Urban
Development and Housing, Government of Bihar, Patna.
2. Shri Chaitnya Prasad, The Principal Secretary, Department of Urban
Development Housing, Government of Bihar, Patna.
3. Shri Animesh Kumar Parashar, The District Magistrate, Gopalganj.
4. Shri Dayanand Mishra, the District Development Commissioner, Gopalganj.
5. Shri Anil Kumar Gupta, the Executive Engineer, District Urban
Development Authority, Gopalganj.
6. Shri Sunil Kumar, the Executive Officer, Nagar Parishad, Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No.5, Advocate
For the Opposite Party/s : Mr. Shiv Kumar, AC to GA-3
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 18-02-2026 At the outset, learned counsel for the petitioner
submits that in compliance of the judgment of this Court dated
17.04.2018 passed in CWJC No. 6718 of 2018, the Executive
Officer, Nagar Parishad, Gopalganj (opposite party no. 6) has
passed a speaking order dated 12.06.2018, as contained in
Annexure-E to the show-cause filed on behalf of opposite party
no. 6. He, therefore, seeks permission to withdraw the present
application with liberty to challenge the said order dated
12.06.2018 before the appropriate forum, if so advised.
Patna High Court MJC No.4434 of 2018(3) dt.18-02-2026
2/2
2. In view of the submissions made by learned
counsel for the petitioner, the instant contempt petition stands
disposed of as withdrawn with liberty to the petitioner to
challenge the aforesaid order before the appropriate forum, if so
advised.
(Khatim Reza, J)
shyambihari/-
U
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