Patna High Court
Dharmendra KumarversusThe State of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The issuance of Memo No. 353 satisfied the earlier order, so no contempt occurred and the petition is dismissed.
Summary
The petitioner, Dharmendra Kumar, filed a contempt petition alleging non‑compliance with the order dated 28‑06‑2017 in Civil Writ Jurisdiction Case No. 3972 of 2016. The State of Bihar and officials of the Bihar State Food Corporation (BSFC) contended that they had complied by issuing Memo No. 353 dated 08‑04‑2025, directing the petitioner to pay Rs 4,94,410 with 18% compound interest. The High Court examined whether the issuance of the memo satisfied the earlier court order. Finding that the memo was a reasoned order and thus fulfilled the compliance requirement, the Court held that there was no contempt. Consequently, the contempt petition was dismissed, but the petitioner was given liberty to challenge the memo itself if desired.
Issues considered
- Did the issuance of Memo No. 353 dated 08‑04‑2025 constitute compliance with the order dated 28‑06‑2017 in C.W.J.C. No. 3972 of 2016?
- Is the petitioner entitled to relief on the ground of contempt of court?
Subjects
- contempt of court
- compliance with court order
- Bihar State Food Corporation
- civil writ jurisdiction
- interest calculation
- memo order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.671 of 2019
In
Civil Writ Jurisdiction Case No.3972 of 2016
======================================================
Dharmendra Kumar Son of Sri Suresh Prasad Yadav, resident of Mohalla-
Babu Tola, Near Block Office, Police Station- Banka, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. Kundan Kumar, the Collector, Banka.
3. Lal Babu Rajak, the District Manager, State Food Corporation, Banka.
4. Mr. Manoj Kumar Choudhary, the Certificate Officer, Banka.
5. Dr. Sanjay Kumar, the Additional Collector, Banka.
6. Mr. Vikash Kumar, the Block Development Officer, Fullidumer, Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Najmul Hodda
For the State : Mr. S. Raza Ahmad, AAG-5
For the BSFC : Mr. Shailendra Kumar Singh, Advocate
: Mr. Utkarsh Utpal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
10 07-04-2026 Heard the parties.
2. The learned counsel for the BSFC submits that in
compliance of the order dated 28.06.2017 passed in C.W.J.C.
No. 3972 of 2016, The District Manager, Bihar State Food
Corporation has passed the order contained in Memo No. 353
dated 08.04.2025, wherein the petitioner has been directed to
make payment of Rs. 4,94,410/- along with 18% compound
interest.
3. This Court finds that the opposite parties have
complied the order dated 28.06.2017 passed in C.W.J.C. No.
Patna High Court MJC No.671 of 2019(10) dt.07-04-2026
2/2
3972 of 2016, in as much as vide Memo No. 353 dated
08.04.2025, the reasoned order has been passed.
4. Accordingly, the present contempt petition is
dismissed with a liberty to the petitioner to assail the office
order contain in Memo No. 353 dated 08.04.2025, if so desires.
(Ritesh Kumar, J)
AjayMishra/-
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