Patna High Court
Md. KhushhalversusDeepak Kumar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the contempt petition, granting the petitioners liberty to agitate the matter but declining to order contempt proceedings.
Summary
The petitioners, four residents of Katihar, filed a contempt petition seeking initiation of contempt proceedings against several officials of the Bihar government for alleged willful disobedience of an order dated 7 May 2018 passed in Civil Writ Jurisdiction Case No. 10717 of 2017. The petition relied on a show‑cause notice and a memo dated 1 July 2019 in which the respondents rejected the petitioners' claim. The High Court, after hearing the parties, granted the petitioners liberty to raise any further grievance but disposed of the contempt petition, effectively refusing to commence contempt proceedings. The court’s order indicates that the matter may be pursued through other appropriate channels, but no contempt finding was made. The petition was therefore dismissed without any order of contempt against the respondents.
Issues considered
- Did the respondents willfully disobey the order dated 7 May 2018 issued in CWJC No. 10717 of 2017?
- Can a contempt proceeding be initiated on the basis of the alleged disobedience?
Subjects
- contempt of court
- civil writ jurisdiction
- state government officials
- disobedience of court order
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4918 of 2018
In
Civil Writ Jurisdiction Case No.10817 of 2017
======================================================
1. Md. Khushhal s/o Md. Abu Bakar Vill.- Falkubari, P.o.- Marghia, P.s.-
Barari, Distt.- Katihar
2. Abdul Kuddus S/o Md. Ishaque Vill.- Raj Tola, P.o.- Kabar, P.s.- Barari,
Distt.- Katihar
3. Abdul Bashir S/o Habibur Rahman Vill.- Sadartola, P.o.- Marghia, P.s.-
Barari, Distt.- Katihar
4. Mafuzzul Hussain S/o Md. Islam Vill.- Hashimpur, P.o.- Hashimpur, P.s.-
Barari, Distt.- Katihar
... ... Petitioner/s
Versus
1. Deepak Kumar The Chief Secretary, Government Of Bihar, Patna
2. The State of Bihar through Sri R. K. Mahajan, the Principal Secretary,
Education Department, Govt. of Bihar, Patna
3. Sri Kamal Kumar Sinha the Director, Secondary Education, Govt. of Bihar,
Patna
4. Arsad Firoj the Chairman of Bihar Madarsa Education Board, Patna
5. Md. Jahid Hussain the Secretary Bihar State Madarsa Education Board,
Patna
6. Dinesh Chandra Dev the District Education Officer, Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Anjum Akhter, Advocate
For the State : Smt. Shilpa Singh, GA-12
: Ms. Abhanjali, AC to GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-05-2026 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
Patna High Court MJC No.4918 of 2018(3) dt.06-05-2026
2/2
willful disobedience of the order dated 07.05.2018
passed in CWJC No. 10717 of 2017.”
3. A show cause of the opposite party contains
annexure-R2/A according to which vide memo no. 681 dated
01.07.2019, the claim of the petitioner has been 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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