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Patna High Court

Shatrughan Sau @ Shatrughan SavversusThe Union of India respresented by Shri Chhatrasal Singh, the General Manager,

Decided
Disposal
DISPOSED

Holding

The contempt petition is dismissed as the Union of India (Railways) has complied with the Court's earlier order.

Summary

The petitioner filed a contempt petition alleging that the Union of India (East Central Railway) failed to comply with the High Court's order dated 07-08-2024 directing the General Manager to appear in person. The railway filed an interlocutory application seeking exemption from personal appearance, asserting that the order had already been complied with and that a civil review was pending. Both parties agreed that the order was fulfilled, and the railway offered an unconditional apology. The Court, after considering the submissions, concluded that there was no willful disobedience and therefore dropped the contempt proceedings. Consequently, the petition was disposed of and the earlier direction to appear in person was dispensed with.

Issues considered

  • Did the Union of India (East Central Railway) willfully disobey the order dated 07-08-2024 directing personal appearance before the Court?
  • Should the contempt petition be dismissed on the ground of compliance with the earlier order?

Subjects

  • contempt of court
  • compliance with court order
  • personal appearance
  • civil review
  • railway
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.877 of 2025
                                                       In
                                      Miscellaneous Appeal No.263 of 2019
                 ======================================================
                 Shatrughan Sau @ Shatrughan Sav S/o Late Anakshdev Sau, Resident of
                 Village- Bhawanipur, P.O and P.S- Deo, Distt- Aurangabad (Bihar), at present
                 residing at Village- Manjhaulia, PO- Navgarh, PS- Amas, Distt- Gaya (Bihar).
                                                                             ... ... Petitioner/s
                                                     Versus
                 The Union of India represented by Shri Chhatrasal Singh, the General
                 Manager, East Central Railway, Hazipur.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Krishna Mohan Murari, Advocate
                 For the Opposite Party/s :     Mr. Anand Kumar Ojha, Sr. C.G.C.
                                                Mr. Anwar Karim, C.G.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   16-01-2026                  The present M.J.C.-contempt petition has been filed

                   for non-compliance of order dated 07.08.2024 passed in

                   Miscellaneous Appeal No.263 of 2019 by this Court.

                                2. In this regard, vide order dated 05.12.2025, the

                   opposite party-General Manager, East Central Railway, Hazipur

                   was directed to appear in person before this Court on

                   16.01.2026.

                                3. Interlocutory Application No.01 of 2025 has been

                   filed on behalf of answering opposite party to exempt from his

                   personal appearance.

                                4. Learned senior counsel for the opposite party-

                   Union of India (Railways) submits that the order dated

                   07.08.2024 passed by this Court has already been complied with

                   and there was no willful or deliberate disobedience of order of
           Patna High Court MJC No.877 of 2025(4) dt.16-01-2026
                                                       2/2




                     this Court. He also submits that the answering opposite party

                     had already preferred Civil Review No.324 of 2024 which is

                     pending for adjudication. Learned senior counsel for the

                     opposite party has tendered an unconditional apology for the

                     same and submits that the order of personal appearance of the

                     said opposite party may be exempted.

                                  5. Learned counsel for petitioner has no objection to

                     this prayer on behalf of the opposite party and submits that in

                     view of compliance of the order dated 07.08.2024 passed in

                     Miscellaneous Appeal No.263 of 2019, this M.J.C. may be

                     disposed of.

                                  6. In view of the submissions on behalf of the parties

                     that the Union of India (Railways) has already complied with

                     the order aforesaid, the proceeding of M.J.C.-contempt is

                     dropped. Accordingly, the M.J.C. petition is disposed of.

                                  7. The order dated 05.12.2025 in which opposite

                     party-General Manager, East Central Railway, Hazipur was

                     directed to appear in person before this Court is dispensed with.

                                  8. I.A. No.01 of 2025 stands disposed of.



                                             (Sunil Dutta Mishra, J)
harish/-

U


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