Patna High Court
Sugan Kumar,versusThe State Of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for contempt was dismissed as the respondents had complied with the earlier order by paying the subsistence allowance.
Summary
The petitioner, Sugan Kumar, filed a petition seeking initiation of contempt proceedings against several officials of the Bihar Cooperative Department, alleging willful disobedience of a direction dated 20 July 2018 issued by the Patna High Court. The petition claimed that the respondents deliberately ignored the order and continued to sit on the matter. The Court noted that a show‑cause notice was filed by the District Cooperative Officer, Siwan, and that the annexure attached to it demonstrated that the subsistence allowance of Rs. 4,63,900 had already been paid to the petitioner. On this basis, the Court held that there was no ground for contempt as the statutory requirement had been fulfilled. Consequently, the petition was disposed of, with the Court indicating that the petitioner could raise any further grievance through appropriate channels.
Issues considered
- What is the appropriate remedy when a party alleges willful disobedience of a High Court order?
- Whether the respondents are in contempt of the order dated 20 July 2018 for allegedly not paying the subsistence allowance.
Subjects
- contempt of court
- cooperative societies
- subsistence allowance
- civil writ jurisdiction
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5070 of 2018
In
Civil Writ Jurisdiction Case No.7659 of 2017
======================================================
Sugan Kumar, Son of Late - Hanumant Sharan, resident of Dahiyawan Tola,
Sadhana Puri, Near Jyoti Cinema, P.S.- Chapra Moffasil, District- Saran.
... ... Petitioner/s
Versus
1. The State Of Bihar, through Sri Atul Prasad, the Principal Secretary, Co-
operative Department, Bihar, Patna.
2. Smt. Rachana Patil, the Registrar, Co-operative Societies, Bihar, Patna.
3. Mukul Kumar Sinha, the Joint Registrar, Co-operative Societies, Saran
Division, Chapra.
4. Nisar Ahmed, the Assistant Registrar, Co-operative Societies, Saran Circle,
Chapra.
5. Jawahar Prasad, the Joint Registrar-cum-the conducting Officer, Co-
operative Societies, Purnea, Division Purnea.
6. Santosh Kumar Jha, the District Co-operative Officer, Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Rajeev Shekhar, AC to GA-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-04-2026 Heard Mr. Amit Kumar Anand, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“for initiation of a contempt proceeding
against the Opposite parties for their willful
disobedience and who have deliberately and
knowingly flouting the direction and order dated-
20.07.2018 passed by Hon'ble Mr. Justice Shivaji
Patna High Court MJC No.5070 of 2018(4) dt.23-04-2026
2/2
Pandey in CWJC No. 7659 of 2017 and for suitably
punishing them for their willful and deliberate
attempt for sitting over the order and direction of
this Hon'ble Court.”
3. A show-cause has come on behalf of the opposite
party no. 6 and the connecting annexure shows that the District
Cooperative Officer, Siwan informed the Cooperative Societies,
Bihar, Patna that the Subsistence allowance of Rs. 4,63,900/-
has already been paid.
4. If the petitioner still has any grievance, can very
well agitate the matter.
5. MJC No. 5070 of 2018 stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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