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Patna High Court

Vijay TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

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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