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Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the order sought to be enforced had been complied with, and therefore dismissed the contempt petition.

Summary

Ashok Kumar filed a petition seeking to initiate contempt proceedings against several state officials, alleging willful violation of a judgment and order dated 21 January 2019 in CWJC No. 1285 of 2019. The respondents filed a show‑cause notice, and the State counsel produced Annexure‑B (Memo No. 1565 dated 11 April 2023) indicating that the required order had been passed by the District Magistrate, Patna. The High Court examined whether the earlier order had been complied with and whether contempt could be sustained. Finding that the order had indeed been complied with, the Court concluded that there was no ground for contempt. Consequently, the petition (MJC No. 733 of 2020) was disposed of without granting the relief sought.

Issues considered

  • Whether the respondents willfully and deliberately violated the judgment and order dated 21‑01‑2019 in CWJC No. 1285 of 2019.
  • Whether a contempt proceeding can be initiated against the respondents on the basis of the alleged violation.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • compliance of judgment
  • show cause notice
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.733 of 2020
                                                        In
                                Civil Writ Jurisdiction Case No.1285 of 2019
                 ======================================================
                 Ashok Kumar Son of Kheban Ray @ Kheb Narayan Prasad Resident of
                 Village- Chiraiya, P.S.- Bakhtiyarpur, Town and District- Patna

                                                                                    ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Amir Subhani, Son of not known to petitioner,
                 Home Secretary, Govt. of Bihar.
           2.    Kumar Ravi, Son of not known to petitioner, District Magistrate, Patna.
           3.    Lal Jyoti Nath Sahdeo Son of not known to petitioner, District Arms
                 Magistrate, Patna.
           4.    Ashutosh Verma, Son of not known to petitioner, Additional District
                 Magistrate (Arms), Patna.
           5.    Sanjay Kumar Agrawal, Son of not known to petitioner, Divisional
                 Commissioner, Patna Division, Patna.
           6.    Upendra Kumar Sharma, Son of not known to petitioner, Sr. Superintendent
                 of Police, Patna.
           7.    Sumit Kumar, Son of not known to petitioner, Sub-Divisional Magistrate,
                 Barh.
           8.    Kamlesh Sharma, Son of not known to petitioner, S.H.O. Bakhtiyarpur
                 Police Station, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Manisha Pandey, Advocate
                 For the State            :          Mr. Manish Kumar. GP-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   11-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “for    initiating   a    contempt        proceeding

                                        against the contemnor opposite parties for

                                        willful and deliberate violation of the judgment
            Patna High Court MJC No.733 of 2020(2) dt.11-03-2026
                                                        2/2




                                         and order dated 21.01.2019 passed by the

                                         Hon’ble Court in CWJC No. 1285 of 2019.”


                                   3. A show cause has come on behalf of the opposite

                      party no. 2 to 4 and learned State counsel has taken this Court to

                      Annexure-B (Memo No. 1565 dated 11.04.2023) to show that an

                      order has been passed by the Committed head by the District

                      Magistrate, Patna.

                                   4. In that background, having convinced that the order

                      stands complied, the MJC No. 733 of 2020 is disposed of.



                                                     (Rajiv Roy, J)
vinayak/-

U


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