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Patna High Court

Dashrath Sah and OrsversusThe State Of Bihar Through Sri R. K. Mahajan, The Principal Secretary, Health Department, New Secre

Decided
Disposal
DISPOSED

Holding

Since the Supreme Court set aside the earlier order, the contempt petition was dismissed and the original writ petition stands disposed.

Summary

The petitioners filed a contempt petition seeking proceedings against the State of Bihar officials for allegedly flouting an order passed in Civil Writ Jurisdiction Case No. 514 of 2018. The petition was previously adjourned because a related civil appeal (No. 2474 of 2026, State of Bihar & Ors. v. Madan Mahto) was pending before the Supreme Court. On 11 February 2026 the Supreme Court disposed of that appeal, setting aside the High Court’s earlier orders and remitting the matter. The Patna High Court recorded this development and held that, with the original order now set aside, the contempt petition could not proceed. Consequently, the contempt petition was disposed of.

Issues considered

  • Whether a contempt petition can be entertained when the underlying order has been set aside by a higher court
  • Whether the petition remains maintainable after the related civil appeal has been disposed

Subjects

  • contempt
  • civil writ jurisdiction
  • order set aside
  • appellate jurisdiction
  • high court
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.514 of 2018
                                                       In
                               Civil Writ Jurisdiction Case No.5464 of 2008
                 ======================================================
           1.     Dashrath Sah and Ors Son of Late Uttam Lal Sah @ Utim Lal Sah R/o
                  Village - Mominpur, P.S. Sakari, Distt - Madhubani.
           2.    Baidynath Sah S/o Late Anup Sah R/o Village Mominpur, P.S. Sakari, Distt -
                 Madhubani.
           3.    Vijay Kumar Yadav S/o Late Uttim Lal Yadav R/o Village - Mominpur, P.S.
                 Sakari, Distt - Madhubani.
           4.    Jagdish Prasad Yadav S/o Muneshwar Yadav R/o Village - Lalganj, P.S.
                 Kewti, Distt - Darbhanga.
           5.    Krishan Kumar Singh S/o Baidyanath Yadav R/o Village - Mominpur, P.S.
                 Sakari, Distt - Madhubani.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State Of Bihar Through Sri R. K. Mahajan, The Principal Secretary,
                 Health Department, New Secre
           2.    Sri R.K. Mahajan, The Principal Secretary, Health Department, New
                 Secretariat, Government of Bihar,
           3.    Dr. R.N. Pandey, The Director-in-Chief, Health Service, Bihar, Patna.
           4.    Dr. Amarnath Jha, The Civil Surgeon-cum-Chief Medical Officer,
                 Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Jai Prakash Verma, Advocate
                 For the Opposite Party/s :    Mr. Suryadeo Yadav - AAG-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for issuance of a contempt proceeding

                                   against the opposite parties, who are knowingly

                                   and deliberately flouting the order passed in CWJC
          Patna High Court MJC No.514 of 2018(4) dt.09-04-2026
                                                      2/2




                                    No. 5464 of 2008.”

                                 3. Earlier, the contempt petition was adjourned on the

                    ground that the Civil Appeal No. 2474 of 2026 (State of Bihar

                    and Ors. vs. Madan Mahto) and other analogous cases were

                    taken before the Hon’ble Apex Court.

                                 4. Mr. S.D. Yadav, learned Additional Advocate

                    General has provided copy of the order dated 11.02.2026 to

                    show that the appeal preferred by the State of Bihar has been

                    disposed of by setting aside the orders passed by the Patna High

                    Court and the same has been remitted back.

                                 5. Let the order dated 11.02.2026 in Civil Appeal No.

                    2474 of 2026 kept on record.

                                 6. In view of the development that has taken place as

                    the orders already stand set aside, MJC No. 514 of 2018, in that

                    background, stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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