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Patna High Court

Bebi DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court held that the respondents had complied with the earlier order, and therefore the contempt petition was disposed of.

Summary

The petitioner, Bebi Devi, a widow, filed a petition seeking contempt proceedings against the State of Bihar and several police officials for allegedly refusing to comply with the High Court order dated 21 September 2017 in Civil Writ Jurisdiction Case No. 9361 of 2015, which had quashed a 5 February 2008 order of the Senior Superintendent of Police, Bhagalpur and directed that her family pension be settled within three months. The State counsel submitted the show‑cause paragraphs indicating that the order had been fully complied with in both letter and spirit. The Court examined the compliance claim and, finding no remaining grievance, allowed the petitioner to raise any further issues but otherwise dismissed the contempt petition. Consequently, the contempt proceedings were disposed of without any further direction. The judgment underscores the principle that contempt proceedings cannot be maintained where the mandated order has been satisfied.

Issues considered

  • Whether the respondents have willfully disobeyed the High Court order dated 21‑09‑2017 regarding settlement of the petitioner’s family pension.
  • Whether the compliance submitted by the State satisfies the requirements of the earlier order, thereby negating the basis for contempt proceedings.

Subjects

  • contempt of court
  • family pension
  • compliance of court order
  • civil writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.50 of 2018
                                                          In
                                 Civil Writ Jurisdiction Case No.9361 of 2015
                 ======================================================
                 Bebi Devi Wife of Late Gyanchandra Jha @ Gyanchandfra Jha resident of
                 Village - Sirua , P.S. - Baheri, District- Darbhanga.

                                                                             ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar
           2.    Mr. Amir Subhani, The Home Secretary, Government of Bihar, Patna, Mr.
                 P.K. Thakur, The Director Gen
           3.    Mr. Alok Rai, The Inspector, General of Police Administration , Government
                 of Bihar Patna.
           4.    Mr. Sushil M Khopde, Inspector General of Police, Bhagalpur Range,
                 Bhagalpur.
           5.    Mr. Vikash Baihav, The Deputy Inspector General of Police , Bhagalpur
                 Range Bhagalpur.
           6.    Mr. Manoj Kumar, The Senior Superintendent of Police , Bhagalpur
           7.    Mr. Dharmendra Kumar, The Accountant General Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Pankaj Kumar Jha, Advocate
                 For the State          :         Mr.Sanjay Kumar Ghosarvey, AC to AAG-3
                 For A.G.               :         Mr. Bindhyachal Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i)   for   initiating   contempt    proceeding

                                            against contemnor/opposite parties for their

                                            wilful and deliberate, disobedience of the

                                            order dated 21/09/2017 passed in C.W.J.C.

                                            No. 9361/2015 whereby and where under the
         Patna High Court MJC No.50 of 2018(2) dt.12-03-2026
                                                     2/2




                                           Hon'ble court has quashed the impugned

                                           order dated 05.02.2008 passed by the senior

                                           superintendent of police, Bhagalpur and

                                           directed to the opposite parties/contemnors

                                           to ensure the family pension of the petitioner

                                           is settled within a period of three months

                                           from the date of production of this order.

                                3. Learned State counsel has taken this Court to

                   paragraphs 05 to 07 of the show cause filed on behalf of

                   opposite party to show that the order has been complied in true

                   letter and spirit.

                                4. In that background, allowing the petitioner to

                   agitate the matter, if any grievance still remains, the contempt

                   petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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