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Patna High Court

Jaikrishna JhaversusLalit Narayan Mithila University Darbhanga through its Vice-Chancellor

Decided
Disposal
WITHDRAWN

Holding

The contempt application is misconceived and frivolous as the writ order contains no mandamus or direction, and the application is dismissed as withdrawn.

Summary

Petitioner Jaikrishna Jha filed a contempt application against Lalit Narayan Mithila University and its officials, alleging willful disobedience of a writ court order. The court examined whether the writ order contained any mandamus or specific direction that could be disobeyed. Counsel for the petitioner argued that the order lacked such directives, rendering the contempt claim misconceived and frivolous. Consequently, the petitioner sought to withdraw the contempt application. The High Court accepted the withdrawal and dismissed the application.

Issues considered

  • Whether the writ court order contained a mandamus or direction that could give rise to contempt.
  • Whether the contempt application filed by the petitioner is maintainable.

Subjects

  • contempt of court
  • writ jurisdiction
  • mandamus
  • willful disobedience
  • withdrawal of application
  • high court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.894 of 2026
                                          In
                    Civil Writ Jurisdiction Case No.19759 of 2012
     ======================================================
     Jaikrishna Jha Son of Late Fakri Jha, Resident of Village- Damodarpur, Post
     Office- Damodarpur, Police Station- Benipatti, District- Madhubani.

                                                               ... ... Petitioner/s
                                     Versus
1.   Lalit Narayan Mithila University Darbhanga through its Vice-Chancellor
     Darbhanga.
2.   Vice-Chancellor Namely Prof. Sanjay Kumar Choudhary, Lalit Narayan
     Mithila University, Darbhanga.
3.   Dr. Divya Rani Hansda, Registrar, Lalit Narayan Mithila University,
     Darbhanga.
4.   Dhirendra Kaushal, Lab In-Charge, Deparatment Of Chemistry Null Class
     III Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
     Benipatti, Madhubani.
5.   Smt. Poonam Kumari, Lab In-Charge, Department Of Zoology Null Class
     III Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
     Benipatti, Madhubani.
6.   Shri Krishna Kumar Paswan, Lab In-Charge, Department Of Psychology
     Null Class III Employee, Posted In Kalidas Vidyapati Science College,
     Uchchaith, Benipatti, Madhubani.
7.   Shri Vikash Kumar, Lab In-Charge, Department Of Geography Null Class
     III Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
     Benipatti, Madhubani.
8.   Shri Abhishek Kumar, Sorter In Library, Class lII Employee, Posted In
     Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
9.   Shri Narayanji Jha, Steno, Class III Employee, Posted In Kalidas Vidyapati
     Science College, Uchchaith, Benipatti, Madhubani.
10. Shri Brij Bihari, Artist, Class III Employee, Posted In Kalidas Vidyapati
    Science College, Uchchaith, Benipatti, Madhubani.
11. Shri Bidhveshwar Jha, Orderly, Class IV Employee, Posted In Kalidas
    Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
12. Shri Indradeo Jha, Night Guard, Class Iv Employee, Posted In Kalidas
    Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
13. Shri Lalit Kumar Choudhary, Orderly, In The Department Of Physics Class
    Iv Employee, Posted In Kalidas Vidyapati Science College, Uchchaith,
    Benipatti, Madhubani.
14. Shri Shankar Kamat, Orderly, Class Iv Employee, Posted In Kalidas
    Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
15. Shri Jeevachh Yadav, Orderly, Class Iv Employee, Posted In Kalidas
    Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
         Patna High Court MJC No.894 of 2026(3) dt.01-05-2026
                                                     2/3




           16. Shri Amarnath Chaudhary, Orderly, Class Iv Employee, Posted In Kalidas
               Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           17. Shri Ramchandra Marar, Peon, Class Iv Employee, Posted In Kalidas
               Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           18. Shri Chhabendra Jha, Orderly, Class Iv Employee, Posted In Kalidas
               Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           19. Shri Bisran Jha, Orderly, Class Iv Employee, Posted In Kalidas Vidyapati
               Science College, Uchchaith, Benipatti, Madhubani.
           20. Shri Madan Kumar Madhup, Night Guard, Class Iv Employee, Posted In
               Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           21. Shri Ram Udgar Singh, Laboratory Boy, Class Iv Employee, Posted In
               Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           22. Shri Pradeep Paswan, Laboratory Boy, Class Iv Employee, Posted In
               Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           23. Shri Madhav Kumar Jha, Namuna Sangrahak, Class Iv Employee, Posted In
               Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           24. Shri Bhishan Kamat, Orderly, Class Iv Employee, Posted In Kalidas
               Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           25. Shri Kulesh Kumar Jha, Peon, Class Iv Employee, Posted In Kalidas
               Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           26. Shri Raghvendra Pathak, Orderly, Class Iv Employee, Posted In Kalidas
               Vidyapati Science College, Uchchaith, Benipatti, Madhubani.
           27. Shri Shailendra Kumar Singh, Orderly, Class Iv Employee, Posted In
               Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Prakash Kumar, Adv.
                 For the Opposite Party/s :       Mr.Bindhyachal Rai, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   01-05-2026                  Learned counsel for the petitioner and learned counsel

                   for opposite party Lalit Narayan Mithila University, Darbhanga

                   are present.

                                2. After advancing some argument, learned counsel

                   for the petitioner prays for withdrawing the case after being

                   convinced of the fact that this contempt application filed by the
          Patna High Court MJC No.894 of 2026(3) dt.01-05-2026
                                                      3/3




                    petitioner is misconceived and frivolous for the reason that the

                    order passed by the writ court does not contain any mandamus

                    or direction and therefore the question of willful disobedience of

                    the same does not arise.

                                 3. As prayed for, this application is dismissed as

                    withdrawn.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U


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