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Patna High Court

Uday Chandra ChoudharyversusSri Anjani Kumar Sinha Presently Posted As The Chief Secretary, Govt. Of Bihar, Patna and Ors

Decided
Disposal
WITHDRAWN

Holding

The contempt petition is dismissed as withdrawn.

Summary

The petitioner, Uday Chandra Choudhary, filed a contempt petition seeking initiation of contempt proceedings against several government officials for alleged wilful disobedience of an order dated 03‑10‑2017 in Civil Writ Jurisdiction Case No.14143 of 2014. The petitioner’s counsel later submitted that the matter had become infructuous and requested permission to withdraw the petition. The Court considered whether the petition could be withdrawn after filing. Since the petitioner sought withdrawal and no further contention was raised, the Court allowed the withdrawal. Consequently, the contempt petition was dismissed as withdrawn.

Issues considered

  • Whether the contempt petition should be proceeded with despite the petitioner’s request for withdrawal
  • Whether the Court can dismiss a contempt petition as withdrawn

Subjects

  • contempt of court
  • withdrawal of petition
  • civil writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.54 of 2018
                                                        In
                                 Civil Writ Jurisdiction Case No.14143 of 2014
                 ======================================================
                 Uday Chandra Choudhary son of Late Murali Bihari Choudhary, resident of
                 village P.O.- Bari, P.S.- Kusheshwar Asthan, District- Darbhanga, at present
                 residing at Village P.O. P.S.- Kewti, District- Darbhanga

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    Sri Anjani Kumar Sinha Presently Posted As The Chief Secretary, Govt. Of
                 Bihar, Patna
           2.    Dr. Chandra Shekhar Singh,              Presently   posted    as   the   District
                 Magistrate/Collector, Darbhanga.
           3.    Ramesh Chandra Chaudhary, Presently posted as Deputy Collector
                 Establishment Collectariate, Darbhan
           4.    Mr. Rakesh Kumar, Presently posted as Circle Officer, Darbhanga Sadar,
                 Darbhanga.
           5.    Sri Tokir Hashmi, Presently posted as Block Development Officer Kewti,
                 Darbhanga.
           6.    Sri S. Suresh Kumar, Presently posted as Accountant General A and E,
                 Bihar, Patna.
           7.    Mr. Neel Kamal, Presently posted as District Account Officer, Darbhanga.
           8.    Mr. Neel Kamal, Presently posted as District Treasury Officer, Darbhanga.
           9.    Rakesh Kumar Suman, Presently posted as District General Provident Fund
                 Officer, Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raj Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr.Rajnish Shandilya, AC to GA-11
                 ======================================================
                 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 initiation of a contempt proceeding

                                              and for punishing the opposite parties for
         Patna High Court MJC No.54 of 2018(2) dt.12-03-2026
                                                     2/2




                                           wilful disobedience and non compliance of

                                           the order dated 03.10.2017 passed in

                                           C.W.J.C. No. 14143 of 2014 by the Hon'ble

                                           Mr. Justice Prabhat Kumar Jha (J).

                                3. Learned counsel for the petitioner submits that the

                   matter has become infructuous and as such he may be permitted

                   to withdraw the petition.

                                4. Accordingly, the contempt petition is dismissed as

                   withdrawn



                                                  (Rajiv Roy, J)
Ravi/-

U


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