Patna High Court
Rounak SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the respondents had complied with the earlier order, and therefore the contempt application could not be sustained.
Summary
The petitioner, Rounak Sinha, filed a contempt application alleging that the State of Bihar and several officials had failed to comply with a 13 July 2011 order directing the D.I.G. and Municipal Commissioner of Patna to remove movable shops, clear traffic hindrances, and maintain roads. The respondents submitted a ninth supplementary show‑cause affidavit detailing various traffic‑management measures undertaken, such as CCTV monitoring, anti‑encroachment drives, zoning of e‑rickshaws, and creation of vending zones. The court examined whether these steps satisfied the earlier directive. Finding that the authorities had indeed taken the requisite actions, the judges concluded there was no ground to continue the contempt proceeding. Consequently, the contempt application was disposed of without further order.
Issues considered
- Whether the respondents complied with the 13 July 2011 order directing removal of movable shops and regulation of traffic in Patna.
- Whether the contempt proceedings should continue in view of the steps reported by the respondents.
Legislation cited
Subjects
- contempt of court
- traffic management
- encroachment
- municipal corporation
- vendor regulation
- smart city
- Motor Vehicle Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.622 of 2024
In
Civil Writ Jurisdiction Case No.4605 of 2009
======================================================
Rounak Sinha S/o Arvind Kumar Sinha, R/o Ward No. 11, Sahangi, District-
Bhojpur, P.S.- Garhani, Bihar, Pincode – 802203.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajeev Mishra, father name not known to the petitioner, D.I.G. cum SSP,
Patna, Government of Bihar.
3. Puran Jha, father name not known to the petitioner, S.P., Traffic Patna,
Government of Bihar.
4. Shri Animesh Kumar Parashar, father name not known to the petitioner,
Municipal Commissioner Corporation, Patna, Government of Bihar.
5. Shirsat Kapil Ashok, father name not known to the petitioner, The District
Magistrate, Patna, Government of Bihar.
6. Senior Divisional Commercial Manager (Danapur), East Central Railway.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rounak Sinha, (In person)
For the State : Mr. P.K. Verma, AAG-3
Mr. Saroj Kumar Sharma, AC to AAG-3
For the PMC : Mr. Prasoon Sinha, Sr. Adv.
Mr. Prabhat Kumar, Adv.
For the UOI : Ms. Punam Kumari Singh, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
18 24-03-2026 Heard learned counsel for the parties.
2. The present contempt application has been
preferred alleging non-compliance of the order dated 13.07.2011
passed by a learned Single Judge of this Court in CWJC No.
4605 of 2009. Following observations were made in paragraphs
Patna High Court MJC No.622 of 2024(18) dt.24-03-2026
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2 & 3 of the aforesaid order :
"It is seen generally that the Inspector of
the police station concerned is negligent in
controlling such hindrance. Therefore, the D.I.G.,
Patna is directed to ensure removal of movable
shops and also to control and regulate the smooth
functioning of traffic over the road by clearing the
hindrance as indicated above including the illegal
parking of vehicles. If any, further inaction is
brought to the notice of this Court, the contempt
proceeding shall be drawn against the D.I.G.,
Patna.
The Municipal Commissioner, Patna is
also directed to maintain the roads and drainages
neat and clean."
3. A 9th supplementary show cause has been filed on
behalf of opposite party No. 5. Following statements have been
made in paragraphs 7, 8 & 9 thereof :
"7. That in view of the said direction
issued by the District Magistrate, Patna, the
Municipal Commissioner, Patna Municipal
Corporation, Patna has convened a meeting on-
24.01.2026 in the presence of the Traffic S.P.,
Patna and the District Transport Officer, Patna.
The proceeding of the meeting dated 24.01.2026.
8. That in the said meeting, the problem
of traffic of congestion in Patna, issues of vendors,
management of public and private transport and
others associated relevant matters has been
reviewed thoroughly and future course of
action/plan has been discussed.
In the said meeting, the Traffic S.P.,
Patna has stated that regular supervision is being
done through CCTV/VMD/ANPR Cameras by the
officers/staffs deputed at the Integrated Control
Patna High Court MJC No.622 of 2024(18) dt.24-03-2026
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and Command Centre (ICCC) which has been
created under the Smart City Scheme and penalty
is imposed against the identified vehicles violating
the Traffic Rules or provisions made under the
Motor Vehicle Act.
In heavy traffic areas, deputation of
Traffic Police has been done on permanent basis
and deputation on temporary basis is done in
special areas from time to time. The drivers of
Government and Non-Government Vehicles are
imparted proper training through IDTR and other
agencies with regard to the norms/behavior to be
adopted by them.
Further, anti-encroachment drive is
carried out on regular basis by the joint operation
conducted by the team comprising of ADM, Nagar
Vyawastha, City Magistrates, Dy. S.P., (Nagar
Vyawastha), Authorities of the Patna Municipal
Corporation and Police Force.
There is complete restriction of heavy
vehicles in the peak hours from 6:00 AM to 10:00
PM in the City of Patna and provision of 'No Entry'
has been made for them. In the prime
locations/spots like-City Center Mall, Dak-
Bunglow Chauraha, Station Road, Kotwali Road
etc. one-way traffic is being followed for smooth
movement of traffic.
Further, Towing of vehicles is done for
the vehicles parked under no parking areas or
parked wrongly on all important routes. The
parking spots of the vehicles has been identified
and for the parking of Auto Rickshaws, City Buses,
Car etc. Multimodal Hub and Sub-way have been
constructed near station road. Further,
arrangement of Multi Storage Parking has been
done in the Maurya Lok Complex parking of
vehicles. At various places Traffic Trolly and
Barricades are used by the Traffic Police to
regulate and control the traffic.
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9. That the concerned authorities have
chalked out future plans of traffic management for
regulating the traffic in a better way, which are
enumerated as follows:-
(i) At every T-Point and square
/chauraha, the roads going in all directions shall
be vacated for a distance of 40 meters and signage
shall be made declaring 'No Parking Zone' and 'No
Vending Zone' and it shall be identified with
red/yellow colours.
(ii) In view of notification no.-12239,
dated 20.09.2024 and in compliance of the Auto E-
Rickshaw Regulation, the Patna District is to be
divided under three zones (Yellow, Green and Red)
and the number of E-Rickshaws has to be fixed.
This scheme is to be implemented pursuant to
which there shall be decrease in the number of E-
Rickshaws in Patna and thus the movement of
traffic will become smoother.
(iii) For proper management of vendors
on the main routes. and chaurahas, the Patna
Municipal Corporation has proposed construction
of 31 vending zones where about 3000-3500
vendors shall be accommodated. This will certainly
improve in regulating the traffic in a better way
and make the flow of traffic more convenient."
4. Learned counsel for the opposite party No. 5
submits that in view of the steps taken and compliance reported,
the show cause filed on behalf of opposite party No. 5 may be
accepted and the present contempt proceeding be dropped.
5. From a bare perusal of the statements made in
paragraphs 7, 8 & 9 of the 9th supplementary show cause, it
appears that in compliance of the order dated 13.07.2011 passed
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in CWJC No. 4605 of 2009, the authorities concerned have
taken necessary steps.
6. Considering the aforesaid, we find no reason to
pass any further order in the present contempt application.
7. Accordingly, the present contempt application
stands disposed of.
8. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
annu/Rajesh
U
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