Patna High Court

Simariya Ghat Dukandar Welfare SocietyversusThe State Of Bihar and Ors

Decided: 9 July 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court held that the petition was infructuous due to the lapse of time and disposed of it, while allowing the petitioner to re‑agitate the matter if required.

Summary

The Simariya Ghat Dukandar Welfare Society filed a petition seeking the initiation of contempt proceedings against the State of Bihar and several officials, alleging willful disobedience of an order dated 23 January 2015 in Civil Writ Jurisdiction Case No. 21587 of 2014. The petition was filed under Miscellaneous Jurisdiction Case No. 779 of 2015. The High Court examined whether the contempt petition could be entertained after a considerable lapse of time. The Court observed that the passage of time had rendered the matter infructuous, effectively defeating the purpose of the contempt action. However, the Court granted the petitioner liberty to raise the issue anew if circumstances later warranted it. Consequently, the Court disposed of the petition without ordering contempt proceedings.

Issues considered

Whether a contempt petition can be entertained for alleged willful disobedience of a prior order after a significant lapse of time.

Subjects

contempt of court
procedural delay
high court jurisdiction
petition disposal
civil writ

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.779 of 2015
                                         In
                   Civil Writ Jurisdiction Case No.21587 of 2014
     ======================================================
     Simariya Ghat Dukandar Welfare Society
                                                              ... ... Petitioner/s
                                       Versus
1.    The State Of Bihar
2.   Sri Vyas Ji, Principal Secretary, Department of Revenue, Government of
     Bihar, Patna.
3.   Smt. Seema Tripathi, District Magistrate, Begusarai.
4.   Sri Aditya Kumar Mishra, Sub-Divisional Officer, Begusarai.
5.   Vijay Kumar Tiwari, Circle Officer, Barauni.
6.   Dilip Singh, son of Bipin Singh, resident of village Bihat Zero Mile, P.S.,
     District and Town Begusarai.
7.   Mahendra Singh, son o late Bangali Singh, resident of village Bihat, P.S.,
     District and Town Begusarai.
8.   Sudhir Singh, son of late Ram Shrestha Rai, resident of village Baro, P.S.
     Garhra Barauni, District Begusarai
9.    Jawahar Bhagat, son of not known, resident of village Simariya Ghat, P.S.
      Chakia, Barauni, District Begusarai.
                                                          ... ... Opposite Party/s
     ======================================================
                                           with
                   Civil Writ Jurisdiction Case No. 21587 of 2014
     ======================================================
     Simariya Ghat Dukandar Welfare Society
                                                              ... ... Petitioner/s
                                        Versus
1.    The State Of Bihar
2.   Department of Revenue, Government of Bihar, Patna through its Principal
     Secretary
3.   District Magistrate, Begusarai
4.   Sub - Divisional Officer, Begusarai
5.   Circle officer, Barauni
6.   Dilip Singh son of Bipin Singh resident of village - Bihat Zero Mile , P.S.
     District and Town Begusarai
7.   Mahendra Singh son of late Bangali Singh resident of village - Bihat, P.S.
     District and Town Begusarai
8.   Sudhir Singh son of late Ram Shrestha Rai resident of village - Baro, P.S.
     Garhra Barauni , District - Begusarai
9.    Jawahar Bhagat son of not Known the Petitioner Society resident of village -
      Simariya Ghat, P.S. Chakia, Barauni, District - Begusarai
                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     (In Miscellaneous Jurisdiction Case No. 779 of 2015)
     For the Petitioner/s     :       Mr. Rajeev Ranjan Prasad, Advocate
          Patna High Court MJC No.779 of 2015(2) dt.09-07-2026
                                                      2/2




                 For the Opposite Party/s :        Mr. AAG-6, Anjani Kumar
                 (In Civil Writ Jurisdiction Case No. 21587 of 2014)
                 For the Petitioner/s      :       Mr. Rajeev Ranjan Prasad, Advocate
                 For the Respondent/s      :       Mr. AAG-6, Anjani Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   09-07-2026                   Heard the parties.

                                 2. The MJC No. 779 of 2015 has been preferred for

                    the following relief(s):

                                                 “for initiation of a contempt proceeding

                                    against the opposite parties for their willful

                                    disobedience and disregard to the order dated

                                    23.01.2015 passed in CWJC No. 21587 of 2014.”

                                 3. It seems that with the passage of time, the matters

                    have become infructuous.

                                 4. However, liberty is granted to the petitioner to

                    agitate the matters afresh, if the situation so warrant.

                                 5. With the aforesaid observation, the present petitions

                    stand disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U

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Rajeev Ranjan Prasad