Patna High Court

Awadhesh Kumar MandalversusThe State of Bihar througoh Mr. Kumar Ravi, the Secretary, Department of Building Construction

Decided: 22 January 2026
Disposal: DISMISSED
Bench: ANSHUMAN

Holding

The court held that the contempt proceedings were not to be pursued and dismissed the petition, granting liberty to the petitioner to challenge the notification in the appropriate forum.

Summary

Awadhesh Kumar Mandal filed a petition alleging that the State of Bihar had failed to comply with the order dated 12 September 2024 in C.W.J.C. No. 13600 of 2024, and that the subsequent notification issued in Memo No. 8039 dated 28 August 2025 violated the contempt provisions. The State contended that the order had been complied with through the said notification. The Patna High Court examined the notification and concluded that it was not prepared to pursue contempt proceedings further. Consequently, the court dropped the contempt proceeding and dismissed the miscellaneous jurisdiction petition, while allowing the petitioner to challenge the notification in the appropriate forum. The decision was delivered by Justice Dr. Anshuman.

Issues considered

Whether the order dated 12‑09‑2024 in C.W.J.C. No.13600 of 2024 was complied with in its true spirit.
Whether the notification in Memo No.8039 dated 28‑08‑2025 amounts to contempt of court.
Whether the contempt proceedings should be continued or dropped.

Subjects

contempt of court
compliance of order
notification
civil writ jurisdiction
high court
dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.88 of 2025
                                                      In
                               Civil Writ Jurisdiction Case No.13600 of 2024
                 ======================================================
                 Awadhesh Kumar Mandal Son of Late Dhaneshwar Mandal, Resident of Flat
                 No. 202, Monika Apartment, Anandpuri, P.S - Sri Krishna Puri, District-
                 Patna.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Mr. Kumar Ravi, the Secretary, Department of
                  Building Construction Govt. of Bihar, Patna.
           2.    Mr. Kumar Ravi, the Secretary, Department of Building Construction, Govt.
                 of Bihar, Patna.
           3.    Rajesh Kumar Singh, the Additional Secretary, Department of Building
                 Construction, Govt. of Bihar, Patna.
           4.    Remendra Kumar, The Joint Secretary,             Department       of   Building
                 Construction, Govt. of Bihar, Patna.
           5.    Sri Santosh Kumar, the Engineer-in-Chief, Department of Building
                 Construction, Govt. of Bihar, Patna.
           6.     Sri Santosh Kumar, the Chief Engineer, North wing, Department of Building
                  Construction, Govt. of Bihar, Patna.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Lalan Kumar, Advocate
                 For the Opposite Party/s :    Mr. Additional Advocate General 9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

5   22-01-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. Learned counsel for the petitioner submits that the

                   order dated 12.09.2024 passed in C.W.J.C. No. 13600 of 2024

                   has not been complied with in its true spirit and therefore, the

                   same is contemptuous.

                                3. Learned counsel for the State on the other hand

                   submits that the order has been passed in compliance with the
             Patna High Court MJC No.88 of 2025(5) dt.22-01-2026
                                                         2/2




                       order passed in the writ petition, which is contained in

                       Annexure-R/4, i.e., in the form of a notification contained in

                       Memo No. 8039 dated 28.08.2025.

                                    4. Learned counsel for the petitioner has objection on

                       this point and submits that the said notification contained in

                       Memo No. 8039 dated 28.08.2025 (Annexure- R/4) is in gross

                       violation of the contempt. Therefore it be set aside.

                                    5. This Court after perusal of the said notification

                       contained in Memo No. 8039 dated 28.08.2025 (Annexure- R/4)

                       is not ready to pursue the contempt further. Hence, the contempt

                       proceeding is hereby dropped and the present M.J.C petition

                       stands dismissed, with liberty to the petitioner to challenge the

                       said notification as contained in Annexure- R/4 in accordance

                       with law before the appropriate forum.



                                                                   (Dr. Anshuman, J)
Divyansh/-

U

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