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Patna High Court

Harish Chandra MishraversusThe State of Bihar through its Mr. Dr. S. Siddharth the Principal Secretary

Decided
Disposal
DISPOSED

Holding

The contempt application is dismissed as it has become infructuous due to compliance with the earlier order.

Summary

The petitioner, Harish Chandra Mishra, filed a contempt application before the Patna High Court alleging non‑compliance with an earlier order dated 22‑04‑2024 in CWJC No. 8780 of 2016. The State of Bihar, represented by the Principal Secretary of Education and other officials, submitted that the order had been complied with and that an office order dated 02‑01‑2026 was issued, subject to the final outcome of LPA No. 925 of 2025. The Court noted that the District Education Officer of Kishanganj appeared virtually and confirmed compliance. Consequently, the Court held that the contempt application had become infructuous. The personal appearance of the District Education Officer was dispensed with and the application was dismissed.

Issues considered

  • Whether the contempt application remains viable after the alleged compliance with the earlier court order
  • Whether the Court should dismiss the contempt application as infructuous

Subjects

  • contempt
  • compliance
  • high court order
  • education department
  • infructuous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4540 of 2024
                                                       In
                                Civil Writ Jurisdiction Case No.8780 of 2016
                 ======================================================
                 Harish Chandra Mishra S/o Late Sukhdeo Mishra, residence of Village-
                 Thakurganj, P.S.-Thakurganj, District-Purnia.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through its Mr. Dr. S. Siddharth the Principal Secretary
                 Education Department, Government of Bihar, Patna.
           2.    Mr. Pankaj Kumar, the Director, Primary Education, Government of Bihar,
                 New Secretariat, Patna.
           3.    Md. Nasir Hussain, the District Programme Officer (Establishment)
                 Education Officer, Kishanganj, District-Kishanganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Shyama Kant Singh
                 For the Opposite Party/s :   Mr. Sarvesh Kumar Singh, AAG 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

9   18-02-2026         1. Heard learned Counsel for the parties concerned.

                       2.   Pursuant to the order, dated 09.01.2026, the District

                            Education Officer, Kishanganj, is present before this

                            Court in person through virtual mode.

                       3.   Learned Counsel for the State submits that the order,

                            dated 22.04.2024, passed by this Court in CWJC No.

                            8780 of 2016 has been complied and Office Order, under

                            memo no. 02, dated 02.01.2026, has been issued by the

                            District Education Officer, Kishanganj, subject to the

                            final outcome of LPA No. 925 of 2025.

                       4.   In view of the submission that the order has been
            Patna High Court MJC No.4540 of 2024(9) dt.18-02-2026
                                                        2/2




                               complied, this contempt application is dismissed as

                               having become infructuous.

                          5.   The personal appearance of District Education Officer,

                               Kishanganj, is dispensed with.



                                                                    (Anil Kumar Sinha, J.)
Prabhakar Anand/-

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