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Patna High Court

Braj Kishore Prasad @ Braj Kishor PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition was dismissed as the order dated 8 September 2023 had been complied with.

Summary

The petitioner, Braj Kishore Prasad, filed a contempt petition before the Patna High Court seeking relief on the basis that an earlier order dated 8 September 2023 in Civil Writ Jurisdiction Case No. 16319 of 2015 had not been complied with. The petitioner’s counsel submitted that the order had in fact been fully complied with by the respondents, which include the State of Bihar and several district officials. The Court examined the submission and found no basis to continue the contempt proceedings. Consequently, the Court held that the petition was no longer maintainable. The petition was therefore disposed of, with the contempt petition dismissed as moot.

Issues considered

  • What is the appropriate disposition of a contempt petition when the order alleged to be violated has been complied with?

Subjects

  • contempt
  • civil writ jurisdiction
  • compliance
  • petition disposed
  • Patna High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.830 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.16319 of 2015
                  ======================================================
                  Braj Kishore Prasad @ Braj Kishor Prasad Son of Late Sharwan Rai Resident
                  of Village- Diphi Via Bhelwa (Circle), Police Station-Chiraiyan, District-East
                  Champaran at Motihari as Per the Aadhar Card, the Present address is
                  Chitragupta Nagar, Siwan at the time of Filing of the he was Posted as Clerk
                  in the Office of the Circle Officer, Darauli, Siwan. at Present Posted and
                  Working as a Lower Division Clerk, in the Block Office, Darauli Siwan
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through Mr. B. Rajendra, the Principal Secretary,
                   Department of Personnel Administrative Reforms and Rajbhasha,
                   Government of Bihar, Old Secretatiat, Patna-800001.
            2.    Shri Sarvanan M. the Commissioner, Saran Division, Chhapra.
            3.    Mr. Mukul Kumar Gupta, the District Magistrate, Siwan.
            4.    Mr. Jivendra Kumar Jayant, the District Treasury Officer, Siwan.
            5.     Mr. Reyaz Ahamad Khan the District Establishment Deputy Collector,
                   Distict Establishment Section, Siwan Collectorate, Siwan.
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr.Umesh Kumar Mishra, Adv.
                  For the State          :       Mr. Umesh Kumar Mishra, AAG-3
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

3    11-03-2026                   The learned counsel for the petitioner fairly submits

                    that the order dated 8.9.2023, passed by this Court in CWJC No.

                    16319 of 2015 has already stood complied with, hence the

                    present petition be disposed off.

                    2.       Accordingly, the present contempt petition stands

                    disposed off.


                                             (Mohit Kumar Shah, J)
Ajay/-
U


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