Patna High Court

Bauan ChaupalversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The contempt petition is disposed of, and no contempt proceedings are initiated.

Summary

A group of petitioners filed a contempt petition in the Patna High Court seeking initiation of contempt proceedings against the State of Bihar and its education officials for allegedly willfully disobeying an order dated 02‑02‑2018 in CWJC No.839 of 2018. The opposite parties filed a show‑cause notice, and the State counsel relied on a later order dated 03‑08‑2022 to argue that the petitioners' claim was rejected. The Court, after hearing, granted the petitioners liberty to raise any further grievance but ultimately disposed of the contempt petition without ordering contempt proceedings. The matter was therefore closed, leaving the petitioners to pursue any remaining issues through other appropriate channels.

Issues considered

What is the appropriate basis for initiating contempt proceedings against the State and its officials for alleged non‑compliance with a prior court order?
Does the order dated 03‑08‑2022 effectively bar the petitioners' contempt claim?
Whether the High Court has jurisdiction to entertain the contempt petition under the facts presented.

Subjects

contempt of court
civil writ jurisdiction
disobedience of court order
state officials
high court procedure

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Miscellaneous Jurisdiction Case No.473 of 2022
                                           In
                      Civil Writ Jurisdiction Case No.839 of 2018
     ======================================================
1.    Bauan Chaupal son of Bikan Chaupal, resident of Village- Hanuman Nagar,
      P.S. Alinagar, District- Darbhanga.
2.   Manoj Mishra son of Mahavir Mishra, resident of Village- Origama, P.S.
     Manigachhi, District- Darbhanga.
3.   Md. Asharaf Ali, son of Md. Abdul Gani, resident of Village- Lilpur, P.S.
     Alinagar, District- Darbhanga.
4.   Hari Mohan Mishra son of Mod Narayan Mishra, resident of Village-
     Raghopur Dyodhi, P.S. Manigachhi, District- Darbhanga.
5.   Nabnit Kumar Chaudhary son of Raghvendra Chaudhary, resident of
     Village- Kanhauli, P.S. Manigachhi, District- Darbhanga.
6.   Razi Ahmad Khan son of Abu Mohammad Khan, resident of Village- Pathan
     Kabhi, P.S. Manigachhi, District- Darbhanga.
7.   Arun Kumar Yadav son of Lakhan Yadav, resident of Village- Hanuman
     Nagar, P.S. Ali Nagar, District- Darbhanga.
8.   Kumar Manish son of Raj Kumar Yadav, resident of Village- Adhloam, P.S.
     Bahera, District- Darbhanga.
9.   Sanjay Kumar Jha son of Babu Saheb Jha, resident of Village- Dhamsain,
     P.S. Ali Nagar, District- Darbhanga.
10. Sikandra Sahani, son of Amrit Sahani, resident of Village- Antaur, P.S.
    Bahera, District- Darbhanga.
11. Ratan Jha, son of Chhanu Jha, resident of Village- Uday, P.S. Bahera,
    District- Darbhanga.
12. Sunil Kumar Mishra, son of Shatrughan Mishra, resident of Village-
    Rashidpur, P.S. Bahera, District- Darbhanga.
13. KumKum Jha, wife of Mantun Kumar Jha, resident of Village- Lahta, P.S.
    Manigachhi, District- Darbhanga.
14. Radha Kumari wife of Sanatan Kumar Jha, resident of Village- Raghopur
    Deodhi, P.S. Manigachhi, District- Darbhanga.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar
2.   Mr. R.K. Mahajan, son of not known to the petitioner, Principal Secretary,
     Education Department, Government of Bihar, New Secretariat, Patna.
3.   Mr. Arvind Kumar Verma, son of not known to the petitioner, Director,
     Primary Education, Government of Bihar, New Secretariat, Patna.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
            Patna High Court MJC No.473 of 2022(3) dt.05-05-2026
                                                        2/2




                   For the Petitioner/s     :        Mr. Rajesh Mohan, Advocate
                   For the State            :        Mr. Madhaw Prasad Yadaw, GP-23
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                         ORAL ORDER

3    05-05-2026                     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 their

                                      willful disobedience of the order dated 02.02.2018

                                      passed in CWJC No. 839 of 2018.”

                                   3. A show cause has come on behalf of the opposite

                      party and learned State counsel has taken this Court to the order

                      dated 03.08.2022 to show that the claim of the petitioner stands

                      rejected.

                                   4. Granting liberty to the petitioner to agitate the

                      matter, if any grievance still remains, the present contempt

                      petition stands disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U

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