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Patna High Court

Brij Bhushan KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Brij Bhushan Kumar, filed a petition seeking initiation of contempt of court proceedings against several officials of the Bihar Education Department for alleged willful disobedience of a judgment dated 16 July 2019. The petitioner’s counsel later submitted that the petition had become infructuous and requested permission to withdraw it. The Court, after hearing the parties, granted the request to withdraw. Consequently, the petition was dismissed as withdrawn. No substantive examination of the alleged contempt was undertaken.

Issues considered

  • Whether the petition for contempt of court can proceed in view of alleged infructuity
  • Whether the Court may permit withdrawal of a contempt petition

Subjects

  • contempt of court
  • withdrawal of petition
  • civil writ jurisdiction
  • education department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.655 of 2021
                                                         In
                                Civil Writ Jurisdiction Case No.13583 of 2014
                 ======================================================
                 Brij Bhushan Kumar Son of Shri Ram Pyare Rai, Resident of Sahaniapatti,
                 P.O.- Bakhari, P.S.- Sursand, District- Sitamarhi.

                                                                           ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Mr. Sanjay Kumar, the Principal Secretary,
                 Education Department, Patna.
           2.    Dr. Ranjit Singh, Director Primary Education, Patna.
           3.    Mr. Jivendra Jha, Regional Deputy Director of Education Tirhut Division,
                 Muzaffarpur.
           4.    Mr. Sachindra Kumar, District Education Officer, Sitamarhi.
           5.    Mr. Kishori Rai, B.E.O. Parihar Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Ashutosh Ranjan Pandey (AAG-15)
                 ======================================================
                 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):

                                              “for initiation of contempt of Court

                                   proceeding against opposite parties for willful and

                                   deliberate disobedience of order/judgment dated

                                   16.07.2019 passed in CWJC No. 13583 of 2014.”

                                3. Learned counsel for the petitioner submits that the

                   petition has become infructuous and as such, he may be

                   permitted to withdraw the petition.
          Patna High Court MJC No.655 of 2021(2) dt.12-03-2026
                                                      2/2




                                 4. Permission accorded.

                                 5. Accordingly, MJC No. 655 of 2021 stands

                    dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Adnan/-

U


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