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Patna High Court

Vijay Kumar PandeyversusThe State of Bihar.

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to agitate the matter before the appropriate authority and disposed of the petition.

Summary

The petitioner, Vijay Kumar Pandey, filed a writ petition seeking initiation of contempt proceedings against the State of Bihar and several officials for allegedly willfully disobeying the order dated 09‑09‑2019 in CWJC No. 18635 of 2019. The petitioner claimed that a difference amount due to him remained unpaid despite a decision of the Aurangabad Cooperative Society communicated by memo dated 02‑05‑2022. The respondents filed a show‑cause notice, and the State counsel produced the said memo as Annexure‑A. The petitioner argued that he should be permitted to agitate the matter before the appropriate authority or court. The Hon’ble Court, after hearing, granted the petitioner liberty to pursue the grievance before the appropriate authority and disposed of the present miscellaneous jurisdiction case.

Issues considered

  • Whether the respondents’ alleged non‑payment of the difference amount constitutes contempt of the order dated 09‑09‑2019
  • Whether the petitioner is entitled to liberty to approach another authority for enforcement of the order

Subjects

  • contempt
  • cooperative societies
  • civil writ jurisdiction
  • non‑payment of dues
  • liberty to agitate
  • show cause notice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.448 of 2021
                                                    In
                              Civil Writ Jurisdiction Case No.18635 of 2019
                 ======================================================
                 Vijay Kumar Pandey S/o Late Kishori Prasad @ Suresh Pandey, Resident of
                 Basawan Path, Behind Delite Cinema, Station Road, Dalmia Nagar, P.S.
                 Dalmia Nagar, District - Rohtas.


                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Smt. Bandana Preyashi (I.A.S.), Principal Secretary,              Co-operative
                 Department, Government of Bihar, Patna.
           3.    Sri Rajesh Meena, The Registrar, Co-operative Officer Societies, Bihar,
                 Patna.
           4.    Sri Babu Raja, District Co-operative Officer, Aurangabad.
           5.    Sri Nikesh Kumar, Assistant Registrar, Co-operative Societies, Aurangabad
                 Anchal, Aurangabad.
           6.    Sri Shashi Shrkhar Sinha Divisional Joint Registrar, Co-operative Societies,
                 Magadh Division, Gaya.
           7.    Mr. Arun Kumar Treasury Officer, Rohtas at Sasaram.
           8.    Dr. Nilotpal Goswami, Accountant General of Bihar, Birchand, Patel Path,
                 Patna.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shanti Pratap, Advocate
                 For the State            :       Mrs. Pushpanjali Sharma, AC to SC-20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for initiation of contempt proceeding

                                        against the opposite parties for their willful and

                                        deliberate disobedience of the order dated
            Patna High Court MJC No.448 of 2021(3) dt.11-03-2026
                                                        2/2




                                         09.09.2019 passed by the Hon’ble Court in

                                         CWJC No. 18635 of 2019.”


                                   3. A show cause has come on behalf of the opposite

                      party no. 4 and 5 and learned State counsel has taken this Court

                      to Annexure-A to show that the Cooperative Society,

                      Aurangabad had taken a decision and communicated vide memo

                      no. 81 dated 02.05.2022.

                                   4. Learned counsel for the petitioner submits that

                      difference amount has still not paid for which liberty be granted

                      to agitate the matter before appropriate authority/court.

                                   5. Granting said liberty to agitate the matter, the MJC

                      No. 448 of 2021 is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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