Patna High Court
Hari MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
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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