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Patna High Court

Hari MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of, indicating that the challenged order does not constitute contempt.

Summary

The petitioners, Hari Mandal and Mahesh Paswan, filed a contempt petition challenging an order dated 09‑05‑2023 issued by the Secretary of the Building Construction Department, Bihar. The challenged order was purportedly issued to comply with a prior judgment of this Court dated 24‑08‑2022 in Civil Writ Jurisdiction Case No. 895 of 2021. The petitioners contended that the Secretary’s order was either non‑compliant or exceeded the scope of the earlier direction, thereby constituting contempt. The Court examined the content of the 2023 order and the earlier directive and found no basis to sustain the contempt claim. Consequently, the Court granted liberty to the petitioners and disposed of the contempt petition. The matter was concluded without any further directions or penalties.

Issues considered

  • Whether the order dated 09‑05‑2023 issued by the Secretary of the Building Construction Department amounts to contempt of the Court’s earlier order dated 24‑08‑2022.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • government order
  • building construction department
  • judicial compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.864 of 2023
                                                    In
                               Civil Writ Jurisdiction Case No.895 of 2021
                 ======================================================
           1.     Hari Mandal (Male), Son of Late Vilas Mandal, resident of Ward No. 15,
                 Village- Bhavdepur, P.S.- Riga, District- Sitamarhi.
           2.    Mahesh Paswan (Male), Son of Late Shivdhari Paswan, resident of Village-
                 Bhavdepur, P.S.- Riga, District- Sitamarhi.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Sri Kumar Ravi, Principal Secretary, Building
                 Construction Department, Government of Bihar, Patna.
           2.    Shri Suresh Prasad, Pravakar the Chief Engineer (South), Building
                 Construction Department, Government of Bihar, Visheshwaraiya Bhawan,
                 Baily Road, Patna.
           3.    Shri Umesh Mandal, the Superintending Engineer, Building Construction
                 Department, Building Division, Sitamarhi.
           4.    Shri Kamlesh Prasad, the Executive Engnieer, Building Construction
                 Department, Building Division, Sitamarhi.
           5.    Shri Praveen Kumar Singh, The Accountant General, Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sunil Kumar Karn, Advocate
                 For the Opposite Party/s :     Mr. Syed Iqbal Ahmad, SC 20
                                                Mr. Nivedita Nirvikar, Sr. Advocate
                                                Mr. Riya Raj, Advocate
                 ======================================================

                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                    ORAL ORDER

5   17-04-2026

                                 The learned counsel for the petitioners seeks to challenge

                   the order contained in memo dated 09.05.2023, passed by the

                   Secretary to the Government, Building Construction Department,

                   which has been passed in compliance of the order of this Court dated

                   24.08.2022 passed in C.W.J.C. No. 895 of 2021 by taking recourse
          Patna High Court MJC No.864 of 2023(5) dt.17-04-2026
                                                      2/2




                    to such remedies as are available under the law. Liberty, so

                    sought, is granted.

                                 2. Accordingly, present contempt petition stands

                    disposed of.


                                            (Mohit Kumar Shah, J)

GAURAV S./-
U


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