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Patna High Court

Vijay Bahadur SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition for contempt is dismissed as the writ court's order merges with the earlier LPA and its modification.

Summary

The petitioner, Vijay Bahadur Singh, filed a writ petition seeking contempt proceedings against several officials of the State Food Corporation of Bihar for allegedly willfully violating an order dated 03‑11‑2017 in CWJC No.1805 of 2016. The Managing Director of the corporation had earlier filed LPA No.400 of 2022 challenging the same order, which was disposed of by a Division Bench on 05‑03‑2024 with certain modifications. The High Court observed that the writ court's order merges with the earlier LPA and therefore the contempt petition cannot proceed separately. The petitioner’s counsel indicated he would take appropriate steps under law, but the court disposed of the petition. The matter was concluded without ordering any contempt proceedings.

Issues considered

  • What is the effect of the earlier Limited Preference Application (LPA) and its modification on the present contempt petition?
  • Can contempt proceedings be initiated against the corporation officials for alleged non‑compliance with the 03‑11‑2017 order?

Subjects

  • contempt of court
  • writ jurisdiction
  • civil procedure
  • order modification
  • merger of proceedings
  • State Food Corporation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.742 of 2018
                                                       In
                                 Civil Writ Jurisdiction Case No.1805 of 2016
                 ======================================================
                 Vijay Bahadur Singh Son of Late Basudeo Singh, Resident of Village and
                 P.O.- Majhariya Industrial Area, Police Station, P.S.- Industrial Thana,
                 District- Buxar.

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar.
           2.    Sri Pankaj Kumar, Managing Director, State Food Corporation, Bihar, Patna.
           3.    Sri Sugandh Chaturvedi, Chief of Finance, State Food Corporation, Bihar,
                 Patna.
           4.    Sri Uday Pratap Singh, Chief Procurement, State Food Corporation, Bihar,
                 Patna.
           5.    Sri Kundan Kumar, Chief of Claim, State Food Corporation, Bihar, Patna.
           6.    Sri Sugandh Chaturvedi, Desk Officer, State Food Corporation, Head
                 Quarter, Patna.
           7.    Binod Kumar Singh, District Manager, State Food Corporation, Rohtas at
                 Sasaram.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Surendra Mishra, Advocate
                 For the Opposite Party/s :    Mr. Shailendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

9   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                              “for    initiating   contempt     proceeding

                                   against the opposite parties for intentionally,

                                   deliberately and willful violating and disobeying

                                   the order dated 03.11.2017 passed in CWJC No.

                                   1805 of 2016.”
          Patna High Court MJC No.742 of 2018(9) dt.09-04-2026
                                                      2/2




                                 3. The Managing Director, State Food Corporation,

                    Bihar, Patna preferred LPA No. 400 of 2022 against the order in

                    question which was disposed of by a Division Bench headed by

                    Hon’ble the Chief Justice on 05.03.2024 with certain

                    modifications.

                                 4. In that background, the Writ Court’s order gets

                    merged with the LPA No. 400 of 2022.

                                 5. Learned counsel for the petitioner submits that he

                    shall be taking appropriate steps in accordance with law.

                                 6. MJC No. 742 of 2018 stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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