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Patna High Court

Mahesh PrasadversusThe State of Bihar through Sri Pratay Amrit Principal Secretary, Health Department

Decided
Disposal
DISMISSED

Holding

The petition is dismissed because a speaking order addressing the alleged non‑compliance has been passed.

Summary

Mahesh Prasad filed a contempt petition before the Patna High Court alleging that the State of Bihar and its health officials had failed to comply with a judgment dated 15 April 2024 in CWJC No.5995 of 2018. The opposite parties contended that they had already complied by issuing a reasoned order. The petitioner, however, expressed dissatisfaction with that order, claiming it did not fulfil the earlier judgment. The Court observed that a speaking order had indeed been passed by the respondents. Consequently, the Court dismissed the contempt petition, noting that the petitioner remains free to challenge the order in the appropriate forum if he wishes. The decision underscores that a petition cannot proceed where a substantive order addressing the grievance has been issued.

Issues considered

  • Whether the order passed by the State of Bihar and its officials constitutes compliance with the judgment dated 15 April 2024 in CWJC No.5995 of 2018.
  • Whether the contempt petition is maintainable in view of the existence of a speaking order.

Subjects

  • contempt petition
  • compliance of judgment
  • speaking order
  • civil writ jurisdiction
  • health department
  • challenge of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.4535 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.5995 of 2018
                 ======================================================
                 Mahesh Prasad Son of Late Lal Das, Resident of 9D H Colony Fourth Grade
                 Housing P.O. Sultanganj, P.S. Alamganj, District, Patna.

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Sri Pratay Amrit Principal Secretary, Health
                 Department Government of Bihar, Patna.
           2.    Dr. Niharika Sharan The Director-in-Chief, Health Department, Government
                 of Bihar.
           3.    Sri Sunil Kumar, The District Provident Fund Officer, Patna.
           4.    Dr. Ashok Kumar, The Deputy Director-cum-In-Charge Tuberculosis
                 Demonstration and Training Centre, Agam Kuan, Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sanjay Kumar,Advocate
                 For the Opposite Party/s :    Mr.Standing Counsel 23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

6   17-04-2026                  Learned counsel appearing for the petitioner and

                   learned counsel appearing for the Opposite Parties are present.

                                2. Learned counsel for the Opposite Parties submits

                   that the order, for alleged non-compliance of which the present

                   contempt petition has been filed, has already been duly

                   complied with, as a reasoned order has been passed.

                                3. Learned counsel for the petitioner, however,

                   submits that although an order has been passed in purported

                   compliance with the judgment dated 15.04.2024 rendered in

                   CWJC No. 5995 of 2018, but the petitioner is aggrieved with
            Patna High Court MJC No.4535 of 2024(6) dt.17-04-2026
                                                        2/2




                      the said order.

                                   4. In view of the fact that a speaking order has been

                      passed by the opposite parties, the present MJC petition stands

                      dismissed.

                                   5. However, liberty is granted to the petitioner to

                      challenge the said order, before the appropriate forum in

                      accordance with law, if so advised.



                                                  (Dr. Anshuman, J)
Ashwini/-

U


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