Patna High Court
Om Praksh MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the respondents had complied with the earlier order, so no contempt of court had occurred.
Summary
Petitioners Om Prakash Mandal and Shriniwash Singh filed a contempt application alleging that the State of Bihar and its officials had failed to comply with the High Court's order dated 01-11-2021 in Civil Writ Jurisdiction Case No.17483 of 2021, which required the Block Development Officer to consider their representation within four weeks and dispose of it within four months, following natural‑justice principles. The respondents showed that the Block Development Officer issued notices, conducted an enquiry, and passed a final order, all of which were communicated to the petitioners. The petitioners then argued that no contempt case existed and offered an apology. The Court examined the compliance evidence and concluded that the directions had been duly fulfilled. Consequently, the Court held that there was no ground for contempt and disposed of the contempt application.
Issues considered
- Did the respondents fail to comply with the High Court's order dated 01-11-2021, thereby warranting contempt proceedings?
Subjects
- contempt of court
- civil writ jurisdiction
- natural justice
- representation
- compliance
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.580 of 2023
In
Civil Writ Jurisdiction Case No.17483 of 2021
======================================================
1. Om Praksh Mandal S/o Late Ganesh Mandal, Resident of village and P.O.-
Rangra, P.S. - Rangra, District - Bhagalpur.
2. Shriniwash Singh, S/o Ram Na. Singh, Resident of Village and P.O. -
Rangra, P.S. - Rangra, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. Sri Subrat Kumar Sen, Presently Posted as District Magistrate, Bhagalpur.
3. Sri Birendra Kumar, Presently posted at Block Development Officer,
Rangra, P.S. - Rangra, District - Bhagalpur.
4. Naveen Kumar Mandal, S/o Bhubneshwar Mandal, the Mukhiya, Gram
Panchayat Raj, Rangra, Block - Rangra, P.S. - Rangra, District - Bhagalpur.
5. Panchayat Secretary, gram Panchayat Raj, Rangra, Block - Rangra, P.S. -
Rangra, District - Bhagalpur.
6. Ranjan Kumar, S/o Jogendra Mandal, Member, Ward No. 9, Rangra, District
- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Chandra, Advocate
For the State : Mr. Kameshwar Prasad Gupta, GP-10
: Ms. Deepanjali Gupta, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 17-01-2026 The present contempt application has been preferred
against the order dated 01.11.2021 passed in C.W.J.C. No.
17483 of 2021 with direction to dispose of the representation of
the writ petitioners in accordance with law.
2. A show-cause has been filed on behalf of the
Patna High Court MJC No.580 of 2023(2) dt.17-01-2026
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opposite party no.3. Following statements have been made in
paragraphs 6 to 9:-
"6. That it is submitted and stated that the
petitioner had approached the Hon'ble
Court by way of CWJC No. 17843 of 2021
which was finally disposed off vide order
dated 01.11.2021, the operating portion of
which is as follows:-
As such, petition stands disposed of on the
following terms:-
a) Petitioner shall approach the authority
concerned (Respondent no.03 i.e. Block
Development Officer, Rangra Chowk
within a period of four weeks from today
by filing a representation for redressal of
the grievance (s);
b) The authority concerned shall consider
and dispose it of expeditiously by a
reasoned and speaking order preferably
within a period of four months from the
date of its filing along with a copy of this
order;
c) Needless to add, while considering such
representation, principles of natural justice
shall be followed and due opportunity of
hearing afforded to the parties;
7. That it is submitted and stated that in
pursuance of the above order, Block
Development Officer, Rangra Chowk
issued notices to the petitioner to submit
his representation before him and the
Block Development Officer, Rangra Chowk
Patna High Court MJC No.580 of 2023(2) dt.17-01-2026
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ordered for an enquiry vide Memo No. 95
dated 07.06.2023 in the matter based on
the points raised by the petitioner in the
original writ petition. Enquiry was
conducted in the matter by Panchayat
Sachiv Gram Panchayat Rangra Chowk
and a report was submitted vide letter
no.26 dated 09.06.2023. Furthermore,
Block Development Officer, Rangra Chowk
has passed final order in the matter as well
and the same has been communicated to
the petitioner.
8. That it is humbly submitted and stated that
in the facts and circumstances of the case
as well as in view of facts stated in
foregoing paragraphs, no case for
initiation of contempt proceeding against
the answering opposite parties is made
out.
9. That although there is no lapse of any type
on the part of the answering opposite
parties still, they once again tender
unconditional and unqualified apology for
inconvenience, if any, has been caused to
the Hon'ble Court."
3. In light of the statements, as referred above, and the
materials placed on record, we are of the considered view that
directions issued by this Court have been duly complied with
and no further order is required to be passed in the present
contempt application.
4. Accordingly, the contempt application stands
Patna High Court MJC No.580 of 2023(2) dt.17-01-2026
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disposed of.
5. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
( Ritesh Kumar, J)
Ajay/Rajesh/-
U
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