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Patna High Court

Ashok Kumar SinhaversusThe State of Bihar and Ors

Decided
Disposal
ALLOWED

Holding

The court allowed the present petition and restored the earlier contempt petition to its original file.

Summary

The petitioner, Ashok Kumar Sinha, filed a miscellaneous jurisdiction petition (M.J.C. No.884 of 2019) seeking restoration of an earlier contempt petition (M.J.C. No.565 of 2012) which he alleged had not been complied with by the State of Bihar and its officials. The court directed the State's counsel to file a show‑cause notice explaining the non‑compliance. After considering the submissions, the court held that in the interest of justice the present petition should be allowed. Consequently, the court ordered that the earlier contempt petition be restored to its original file. The order was pronounced by Justice Ajit Kumar.

Issues considered

  • What is the appropriate remedy when a court order has not been complied with by the State?
  • Should the earlier contempt petition (M.J.C. No.565 of 2012) be restored?

Subjects

  • contempt of court
  • restoration of petition
  • high court
  • miscellaneous jurisdiction
  • show-cause
  • justice

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.884 of 2019
                                                       In
                                 Civil Writ Jurisdiction Case No.14786 of 2009
                  ======================================================
                  Ashok Kumar Sinha Son of late Gopal jee Sahay, Resident of Village- and
                  P.S. Shahpurpatti, P.S. Shahpurpatti, Distt.- Bhojpur at Present resident of
                  Ward No. 15, Mohalla- Chhotki Sarimpur, Buxar, P.S. Buxar, District-Buxar
                                                                             ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.    Sri Tej Narayan Choubey, Principal, Government Sri Dhanmantari
                  Ayurvedic College, Ahirouli, Buxar,
            3.     Director Indigeneous Medicine, Department of Health, Government of
                   Bihar, Patna
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Manendra Kumar Sinha, Advocate
                  For the Opposite Party/s :     Mr. S.D. Yadav (AAG-9)
                                                 Mr. Braj Bhushan Mishra,
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

3    16-02-2026                    Learned counsel for       the State is directed to file

                    appropriate show-cause as to why the order passed by this Court

                    has not been complied with and the petitioners have been forced

                    to seek restoration of the original contempt petition being

                    M.J.C. No.565 of 2012.

                                 2. For the reasons stated above and in the interest of

                    justice, the present M.J.C. is allowed and, as a result, M.J.C.

                    No.565 of 2012 is restored to its original file.



                                               (Ajit Kumar, J)
sharun/-

U


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