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Patna High Court

Yogendra Prasad Singh,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition was disposed of because the underlying writ order had been set aside, rendering the petition infructuous.

Summary

Petitioner Yogendra Prasad Singh filed a contempt petition against several officials of the Bihar Government, alleging willful disobedience of a High Court order dated 18‑02‑2019 passed in Civil Writ Jurisdiction Case No. 19135 of 2014. The petitioner sought initiation of contempt proceedings. Counsel for the petitioner argued that the matter had become infructuous because the appellate bench had set aside the original writ order. The Court examined whether a contempt petition could continue when the underlying order is no longer in force. Finding that the basis of the contempt claim no longer existed, the Court disposed of the contempt petition. The petition was therefore dismissed as moot.

Issues considered

  • Whether a contempt petition can proceed when the order alleged to have been disobeyed has been set aside by a higher appellate court

Subjects

  • contempt of court
  • writ jurisdiction
  • appellate reversal
  • infructuous petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.4680 of 2019
                                                    In
                              Civil Writ Jurisdiction Case No.19135 of 2014
                 ======================================================
                 Yogendra Prasad Singh, S/o Late Matukdhari Singh, R/o House No. 1/10,
                 Vivekanand Marg, North Sri Krishna Puri, P.S. Sri Krishnapuri, District
                 Patna.

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Chief Secretary, namely Sri Deepak Kumar,
                 Government of Bihar, Patna.
           2.    Sri Amrit Lal Meena, the Principal Secretary, Road Construction
                 Department, Government of Bihar, Vishveshwaraiya Bhawan, Bailey Road,
                 Patna.
           3.    Sri S. Siddharth, the Principal Secretary, Finance Department, Government
                 of Bihar, Patna.
           4.    Sri Mithilesh Kumar, the Deputy Secretary (Vigilance), Road Construction
                 Department, Government of Bihar, Vishveshwaraiya Bhawan, Bailey Road,
                 Patna.
           5.    Sri Ratnesh Kumar, the Joint Secretary, Road Construction Department,
                 Government of Bihar, Vishveshwaraiya Bhawan, Bailey Road, Patna.
           6.    Dr. Nilotpal Goswami, the Accountant General, Beer Chand Patel Path, R.
                 Block, Patna, Bihar.
           7.    Sri Pradeep Kumar Singh, the Senior Accounts Officer, Accountant General,
                 Beer Chand Patel path, R Block, Patna, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr.Kumar Kaushik, Advocate
                 For the Opposite Party/s :          Mr.Raj Ballabh Prasad Yadav (Aag 11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   07-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s)

                                              "for   initiation    of   contempt      proceeding

                                              against the contemnors/opposite parties for
         Patna High Court MJC No.4680 of 2019(5) dt.07-05-2026
                                                     2/2




                                          their willful disobedience of the order dated

                                          18.02.2019         passed in CWJC No.19135 of

                                          2014."

                                3.Learned counsel for the petitioner submits that the

                   case has become infructuous as the writ court’s order has been

                   set aside by the appellate bench.

                                4. In that background, the present contempt petition

                   stands disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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