Patna High Court
Lalan Kumar KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
No contempt is made out and the petition is dismissed.
Summary
The petitioner Lalan Kumar Khan filed an application before the Patna High Court seeking contempt proceedings against several state officials for allegedly violating orders dated 22 April 2008 and 11 August 2008 issued in Civil Writ Jurisdiction Case No. 6497 of 2008. The contempt petition was filed on 20 February 2021, more than ten years after the orders, contrary to the limitation provision in Section 12 of the Contempt of Courts Act. The Court noted that the Collector of Saharsa had already disposed of the petitioner’s case on 31 December 2008, rendering the alleged non‑compliance moot. Considering the statutory time bar and the prior disposal, the Court held that no contempt could be established. Consequently, the application (MJC No. 730 of 2021) was dismissed and the petition disposed of.
Issues considered
- Whether a contempt petition filed after more than ten years is maintainable under Section 12 of the Contempt of Courts Act
- Whether the alleged non‑compliance with the orders dated 22‑04‑2008 and 11‑08‑2008 gives rise to contempt of court
Legislation cited
- Constitution of India — s. 215
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- time bar
- Contempt of Courts Act
- Article 215
- High Court
- civil writ jurisdiction
- order compliance
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.730 of 2021
In
Civil Writ Jurisdiction Case No.6497 of 2008
======================================================
Lalan Kumar Khan Son of Sri Suchindra Khan Resident of village and P.o.-
Parari, P.s.- Bangaon, District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar through Deepak Kumar, Son of not known to the
petitioner, Chief Secretary, Govt. of Bihar, Patna
2. Vyasji Son of not known to the petitioner, Principal secretary General
Administration Department, Govt. of Bihar, Old secretariat, Patna
3. Senthil K. Kumar Son of not known to the petitioner, Divisional
Commissioner, Koshi Division, Saharsa
4. Shailja Sharma Wife of not known to the petitioner, District Magistrate cum
Collector Saharsa
5. Rashid Kalim Ansari Son of not known to the petitioner, Deputy Collector,
Establishment, Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar, Advocate
For the Opposite Party/s : Dr. Mankeshwar Tiwari AG to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 11-03-2026 Heard the parties.
2. The present application has been preferred for:
“drawing up a contempt proceeding
against the contemnor opposite parties and for
theirs being convicted and sentenced under the
provisions of Article 215 of the Constitution of
India and Section 12 of the Contempt of Courts Act
for willful and deliberate violation, disobedience
and flouting of the order dated 11.08.2008 passed
Patna High Court MJC No.730 of 2021(3) dt.11-03-2026
2/2
by Hon’ble Mr. Justice Navin Sinha in C.W.J.C.
No. 6497 of 2008.”
3. The petitioner wants compliance of order dated
22.04.2008 as also 11.08.2008 in a contempt petition filed on
20.02.2021 i.e., after 13 years. Though Contempt of Courts Act
bars such petition to be filed after a decade, still this Court has
taken note of the fact that the Collector, Saharsa has already
passed an order on 31.12.2008 disposing of the case of the
petitioner.
4. In that background, no contempt is made out. The
MJC No. 730 of 2021 stands disposed of.
(Rajiv Roy, J)
atul/-
U T
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