Patna High Court
Vijay TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The contempt petition is disposed as the respondents have complied with the earlier order and no contempt is established.
Summary
Petitioner Vijay Tiwari filed a contempt petition against the State of Bihar and several officials, alleging they willfully ignored a May 7, 2018 order that directed the petitioner to approach the District Magistrate with a fresh representation and stipulated payment of admitted dues within six weeks, with interest for delay. The order also provided that any representation filed within two weeks would be decided within six weeks. The petitioner claimed that the full payment had already been made. The court examined whether the respondents had committed contempt by failing to comply with the earlier order. Finding that the payment was indeed made and no disobedience was established, the court disposed of the contempt petition. Consequently, no contempt proceedings were initiated against the respondents.
Issues considered
- Did the respondents willfully disobey the order dated 07.05.2018 in C.W.J.C.No.2851 of 2018?
- Can a contempt petition be sustained where the alleged default has been remedied?
- Whether the petitioner is entitled to interest on the dues for delay in payment?
Subjects
- contempt of court
- civil writ jurisdiction
- payment of dues
- interest on delayed payment
- district magistrate representation
- disobedience of court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.848 of 2021
In
Civil Writ Jurisdiction Case No.2851 of 2018
======================================================
Vijay Tiwari Son of Basudev Tiwari Resident of Mohalla- Indrapuri, Ward
No.14, Gopalganj, Police Station- Gopalganj, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Through Mr. Kumar Ravi, the Principal Secretary,
Building Construction Department, Government of Bihar, Patna.
2. Dr. Nawal Kishore Choudhary The District Magistrate, Gopalganj.
3. Mr. Sunil Choudhary The Chief Engineer, Building Construction
Department, Government of Bihar, Patna.
4. Mr. Ranjan Kumar The Superintending Engineer, Building Construction
Department, Saran at Chapra.
5. Mr. Rajeevdhar Diwedi The Executive Engineer, Building Construction
Division, Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Md. Zeeshan Kalim, AC to SC- 20
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard Mr.Lokesh Kumar Singh, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for initiating the contempt proceeding
against the opposite parties who have
willfully and deliberately disobeyed the
order dated 07.05.2018 passed in
C.W.J.C.No. 2851 of 2018 whereby and
Patna High Court MJC No.848 of 2021(2) dt.11-03-2026
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whereunder the writ petition has been
disposed of with liberty to the petitioner to
approach the District Magistrate, Gopalganj
(Respondent No.2) with a fresh
representation for redressal of his
grievances, If any such representation is
being filed within a period of two weeks from
today, the same shall be considered and
disposed of within a period of six weeks from
the date of receiving of petitioner's
application. Any delay in payment of
admitted amount beyond the stipulated
period i.e. six weeks, shall entitle the
petitioner to receive payment together with
simple interest at the rate of 6% per annum
on the admitted dues calculated from the
date when the amount became due till the
date of its actual payment. In case the
petitioner's claim is found inadmissible
whether in whole or in part, the petitioner's
representation shall be disposed of by a
speaking order in that regard.
Patna High Court MJC No.848 of 2021(2) dt.11-03-2026
3/3
3. It has been informed by the learned counsel for the
petitioner that the complete payment has been made.
4. In that background, the contempt petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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