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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.
Patna High Court MJC No.622 of 2024(18) dt.24-03-2026
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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
          Patna High Court MJC No.622 of 2024(18) dt.24-03-2026
                                                      5/5




                    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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