Patna High Court

Rajeshwar Thakur,versusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The court disposed of the contempt petition, granting the petitioners liberty to challenge the rejection order but finding no basis to proceed with contempt.

Summary

Petitioners, a group of residents from Muzaffarpur district, filed a contempt petition seeking initiation of contempt proceedings against the State of Bihar and several health officials for alleged willful disobedience of an order dated 08-07-2019 passed in CWJC No.3384 of 2018. The petition alleged that the respondents had ignored the earlier order and thus were in contempt of court. The respondents filed a show‑cause memorandum indicating that the Civil Surgeon had rejected the petitioners' claim by memo dated 09-10-2025. The High Court, after hearing, granted the petitioners liberty to challenge the rejection order but did not entertain the contempt petition. Consequently, the contempt petition was disposed of without any finding of contempt.

Issues considered

Whether the respondents willfully disobeyed the order dated 08-07-2019, warranting contempt proceedings
Whether the petitioners have the locus standi to initiate contempt proceedings against the health officials

Subjects

contempt of court
civil writ jurisdiction
health department
locus standi
order enforcement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4635 of 2019
                                                       In
                                 Civil Writ Jurisdiction Case No.3384 of 2018
                 ======================================================
           1.     Rajeshwar Thakur, son of Thagan Thakur, Resident of Village-Dwarkapur,
                  P.S. Sakra, District- Muzaffarpur.
           2.    Brajnandan Mahto, Son of Shankar Mahto, Resident of Village - Itaha Rasul
                 Nagar, P.S. Sakra, District- Muzaffarpur.
           3.    Ravi Shankar Kumar, Son of Suryadev Prasad Singh, Resident of Village
                 Muraul, P.s. Sakra, District- Muzaffarpur.
           4.    Smt. Shiv Kumari Devi, Wife of Sri Mithilesh Kumar, Resident of Village-
                 Muraul, P.S. Sakra, District- Muzaffarpur.
           5.    Kumari Pinki, Wife of Naveen Kumar, Resident of Village - Basudeopur
                 Chandei, P.S. Mahnar, District- Vaishali.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri Sanjay Kumar, the Principal Secretary-cum-
                 Commissioner, Department of Health and Family Welfare, Government of
                 Bihar, Patna.
           2.    Dr. Shailesh Prasad Singh, the Civil Surgeon-cum-Chief Medical Officer,
                 Muzaffarpur, District- Muzaffarpur.
           3.    Dr. Shailesh Prasad Singh, the Civil Surgeon-cum-Member Secretary,
                 District Health Committee, Muzaffarpur / District programme Manager,
                 District Health Committee, Muzaffarpur.
           4.    Sri R.N. Pandey, the Director-in-Chief, Health Services, Bihar, Patna.
           5.    Sri K.M. Purve, the Deputy Director, Health Services, Bihar, Patna.
           6.    Sri Vijay Kumar Sinha, the Regional deputy Director, Health Services,
                 Tirhut Division, Muzaffarpur.
           7.    Mr. Alok Ranjan Ghosh, the Collector, Muzaffarpur.
           8.    Sri Rajeev Ranjan Kumar Sinha, the Deputy Collector (Establishment),
                 Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Jagnnath Singh, Advocate
                 For the Opposite Party/s :    Mr.Nagendra Prasad. Yadav (Sc 23)
                                               Mr. Madhusudhan Rai, AC to SC-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   07-05-2026                    Heard the parties.
         Patna High Court MJC No.4635 of 2019(7) dt.07-05-2026
                                                     2/2




                                 2. The present petition has been preferred for the

                   following relief(s)

                                          "for     initiation      of   contempt   proceeding

                                          against the contemnors/opposite parties for

                                          their willful disobedience of the order dated

                                          08.07.2019             passed in CWJC No.3384 of

                                          2018."

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

                   party no. 02 which shows that vide memo no. 5025 dated

                   09.10.2025, the Civil Surgeon cum Chief Medical Officer,

                   Muzaffarpur has rejected the claim of the petitioners.

                                4. Granting liberty to the petitioners to challenge the

                   said order, the present contempt petition stands disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U

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