Patna High Court
Usha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The contempt petition is disposed of.
Summary
Petitioner Usha Kumari filed a contempt petition seeking initiation of contempt proceedings against the State of Bihar and several education officials for alleged willful disobedience of an order dated 13‑02‑2020 passed in CWJC No. 8128 of 2015. The opposite parties filed a show‑cause notice, and the State counsel relied on memo No. 332 dated 01‑03‑2021 issued by the Regional Deputy Director, indicating that the petitioner’s representation had already been disposed of. The Court granted the petitioner liberty to raise any further grievance if it still existed, and consequently dismissed the contempt petition as disposed. The order effectively closed the contempt proceedings without further adjudication on the alleged disobedience.
Issues considered
- What is the appropriate remedy when a petitioner's earlier representation has been disposed of?
- Whether the contempt petition can proceed despite the alleged prior disposal of the petitioner's grievance.
Subjects
- contempt
- writ jurisdiction
- education department
- petition disposal
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.630 of 2021
In
Civil Writ Jurisdiction Case No.8128 of 2015
======================================================
Usha Kumari W/o Shri Maheshwar Prasad Singh, Resident of Village-
Chiraura, P.S. Naubatpur, District-Patna, at present residing at Flat No. 303,
Surya Sumitra Sadan, Lane No. 7, Arya Samaj Mandir Road, Opposite R.P.S.
More, Bailey Road, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. R.K. Mahajan the Principal Secretary,
Education Department, Govt. of Bihar, Patna.
2. Mr. Giriwar Dayal Singh the Director, Secondary Edcucation, Education
Department, Govt. of Bihar, Patna.
3. Mr. Surendra Kumar Sinha the Regional Deputy Director of Education,
Patna Division, Patna.
4. Mr. Jyoti Kumar, The District Education Officer, Patna.
5. Smt. Kiran, the Acting Headmistress, Project Girls High School Naubatpur
(Nagwan), P.S.-Naubatpur, District-Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Sagar Singh, Advocate
For the State : Mr. Ashutosh Ranjan Pandey, AAG-15
: Mr. S.S. Tiwary, AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 05-05-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiation of contempt proceeding
against the contemnors/opposite parties for their
willful disobedience of the order dated 13.02.2020
passed in CWJC No. 8128 of 2015.”
Patna High Court MJC No.630 of 2021(3) dt.05-05-2026
2/2
3. A show cause has come on behalf of the opposite
party and learned State counsel has taken this Court to the
memo. no. 332 dated 01.03.2021 issued by the Regional Deputy
Director, Education Department, Patna Division, Patna which
shows that the representation of the petitioner stands disposed
of.
4. Granting liberty to the petitioner to agitate the
matter, if any grievance still remains, the present contempt
petition stands disposed of.
(Rajiv Roy, J)
vinayak/-
U
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