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Patna High Court

Ashok Kumar MishraversusThe State Of Bihar,

Decided
Disposal
DISPOSED

Holding

The contempt petition is dismissed as there is no basis to proceed with contempt proceedings.

Summary

Ashok Kumar Mishra filed a petition in the Patna High Court seeking initiation of contempt proceedings against several officials of the State of Bihar, alleging willful disobedience of an order dated 20 April 2018 issued in Civil Writ Jurisdiction Case No. 182 of 2018. The petitioners claimed that the respondents had failed to comply with the earlier order, thereby warranting contempt action. The court noted that a show‑cause notice had been issued and that the respondents had issued a reasoned order on 25 January 2019 rejecting the petitioner’s claim. The bench granted the petitioner liberty to raise any further grievance if it persisted, but otherwise disposed of the contempt petition. Consequently, no contempt proceedings were ordered and the petition was dismissed.

Issues considered

  • Whether the respondents willfully disobeyed the order dated 20‑04‑2018 issued in CWJC No.182 of 2018.
  • Whether a contempt petition can be entertained in the circumstances.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • disobedience of court order
  • high court
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.5116 of 2018
                                                      In
                                Civil Writ Jurisdiction Case No.182 of 2018
                 ======================================================
                 Ashok Kumar Mishra Son of Sri Rajni Kant Mishra, resident of village -
                 Santnagar, Ward No- 15, P.S.- Saharsa, District - Saharsa.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar, Through Sri Prem Singh Meena, The Principal
                 Secretary, Department Of Social Welfare, Vikash Bhawan, Patna.
           2.    Sri Birenra Kumar, the Principal Secretary, Department of Social Welfare,
                 Vikash Bhawan, Patna.
           3.    Mr. Mithilesh Kumar, the Director, Scheduled Cast and Scheduled Tribe
                 Directorate, Vikash Bhawan, Patna.
           4.    Sri Birendra Chaudhary, The Regional Deputy Director of Welfare
                 (Scheduled Cast and Scheduled Tribe, Koshi Division, Saharsa.
           5.    Mr. Chandra Prakash Singh, The District Welfare Officer, Madhepura.
           6.    Mr. Ashok Kumar, the Head Master, Government Scheduled Cast,
                 Residential High School, Murliganj, Madhepura.
           7.    Dr. Nilottpal Goswami, The Accountant General , Bihar, Vir Chand Patel
                 Marg, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Surya Kant Mishra, Advocate
                 For the State          :      Mr. Gyan Prakash Ojha, GA-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   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

                                    willful disobedience of the order dated 20.04.2018

                                    passed in CWJC No. 182 of 2018.”
            Patna High Court MJC No.5116 of 2018(4) dt.06-05-2026
                                                        2/2




                                   3. A show cause of the opposite party contains

                      reasoned order passed on 25.01.2019 by which 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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