Created by Fuzzy Cloud

Patna High Court

Rama Shankar Singh,versusThe State Of Bihar,

Decided
Disposal
DISPOSED

Holding

The contempt application is disposed of as the payment has been made and no further order is required.

Summary

Petitioner Rama Shankar Singh filed a contempt application alleging that the State of Bihar had failed to comply with the order dated 5 September 2017 issued by a coordinate bench of the Patna High Court in Letters Patent Appeal No. 10 of 2008. The respondent filed a show‑cause notice, to which it submitted that the disputed payment had already been made and attached an undertaking confirming receipt of the payment. The court examined the show‑cause response and the accompanying annexure, finding that the payment was indeed effected. Consequently, the court held that no further direction was necessary and disposed of the contempt application. All pending applications, if any, were also ordered to stand disposed.

Issues considered

  • Whether the respondent is in contempt for alleged non‑compliance of the 5 September 2017 order
  • Whether the payment claimed to be due under the earlier order has been made
  • Whether any further order is required after the payment is made

Subjects

  • contempt
  • execution of judgment
  • payment
  • High Court
  • Letters Patent Appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4571 of 2018
                                                     In
                                    Letters Patent Appeal No.10 of 2008
                 ======================================================
                 Rama Shankar Singh, Son of Late Bhuneshwar Singh, Resident of Village-
                 Lahthan, P.S.- Agiaon Bazar, District- Bhojpur, Bihar at present residing at
                 Azad Path (Shantipath), House NumberA-15, Saristabad, P.S.-Gardanibagh,
                 Dist.-Patna.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar.
           2.    Sri Atul Prasad, Principal Secretary, Welfare Department, Government of
                 Bihar, Patna.
           3.    Sri Sita Ram, Secretary, Bihar State Social Welfare Advisory Board, Old
                 Secretariat, Patna.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Surendra Kr. Singh, Adv.
                 For the Opposite Party/s :    Mr. Gyan Prakash Ojha, GA-07
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   06-04-2026                    Heard learned counsel for the parties.

                                2. The present contempt application has been

                   preferred by the petitioner alleging non-compliance of the order

                   dated 05.09.2017 passed by a co-ordinate Bench of this Court in

                   LPA No. 10 of 2008.

                                3. A show cause has been filed on behalf of opposite

                   party No. 2. Upon perusal of the same it appears that the

                   payment in question has already been made and an undertaking
Patna High Court MJC No.4571 of 2018(5) dt.06-04-2026
                                            2/3




          to this effect has also been given by the petitioner in respect of

          the receipt of payment (Annexure ‘C’ to the show cause), which

          is as follows :




                       4. Considering the fact that the payment in question

          has already been made to the petitioner, no further order is

          required to be passed in this matter.

                       5. Accordingly, the present application stands

          disposed of.
          Patna High Court MJC No.4571 of 2018(5) dt.06-04-2026
                                                      3/3




                                 6. Pending application(s), if any, shall also stand

                    disposed of.


                                                (Sudhir Singh, J)


                                              ( Shailendra Singh, J)

annu/Rajesh
U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.