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Patna High Court

Chulhai Paswan and OrsversusThe State Of Bihar Through Tripurari Sharan, The Principal Secretary, Water Resources Deptt and Ors

Decided
Disposal
DISPOSED

Holding

Since full compliance with the earlier order was recorded, the contempt petition is not maintainable and is disposed.

Summary

The petitioners, Chulhai Paswan and others, filed a contempt petition before the Patna High Court seeking initiation of contempt proceedings against the State of Bihar officials for alleged willful disobedience of an order dated 20‑08‑2018 passed in CWJC No.15216 of 2017. The opposite parties filed a show‑cause response and produced Annexure‑A, a reasoned order dated 24‑01‑2019, indicating that the Chief Engineer of the Water Resources Department had fully complied with the earlier order. The Court examined the compliance record and found no basis for contempt. It granted the petitioners liberty to raise any further grievance if it persisted, and consequently dismissed the contempt petition. The matter was therefore disposed without any contempt finding.

Issues considered

  • Whether the opposite parties willfully disobeyed the order dated 20‑08‑2018 issued in CWJC No.15216 of 2017
  • Whether contempt proceedings can be initiated against the State of Bihar officials in view of the compliance recorded in the order dated 24‑01‑2019

Subjects

  • contempt of court
  • civil writ jurisdiction
  • water resources department
  • compliance
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.5120 of 2018
                                                       In
                                 Civil Writ Jurisdiction Case No.15216 of 2017
                 ======================================================
           1.     Chulhai Paswan son of Late Darbari Paswan resident of Village- Purab Tola,
                  P.O. and P.S.- Kahalgaon, District- Bhagalpur.
           2.    Suresh Paswan son of Madari Paswan resident of Village- Firojpur, P.O. and
                 P.S. Maharma, District- Godda (Jharkhand).
           3.    RamPrit Yadav son of Chhabbu Yadav resident of Village- Tintanga Karari,
                 P.S. Gopalpur, District- Bhagalpur.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar Through Tripurari Sharan, The Principal Secretary, Water
                 Resources Deptt. father name not known to the petitioner, Government of
                 Bihar, Patna.
           2.    Shailesh father name not known to the petitioner, Chief Engineer, Sinchai
                 Srijan, Water Resources Department, Bhagalpur Zone, Office at Barari, P.S.
                 Kotwali (Industrial Area), Town and District- Bhagalpur.
           3.    Anil Kumar Mandal father name not known to the petitioner, The Executive
                 Engineer, Sinchai Srijan, Water Resources Department, Ganga Pump Canal
                 Division, Kahalgaon District- Bhagalpur.
           4.    Pranav Kumar father name not known to the petitioner, The Collector cum
                 District Magistrate, Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Purushottam Kumar Das, Advocate
                 For the State          :      Mr. Anjani Kumar,AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   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 20.08.2018
            Patna High Court MJC No.5120 of 2018(6) dt.06-05-2026
                                                        2/2




                                      passed in CWJC No. 15216 of 2017.”

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

                      party and annexure-A shows that a reasoned order has been

                      passed vide letter no. 202 dated 24.01.2019 and it records full

                      compliance by the Chief Engineer, Irrigation Creation, Water

                      Resources Department, Bhagalpur.

                                   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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