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Patna High Court

Bajrangi Prasad YadavversusThe Bihar State Road Transport Corporation

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to initiate contempt proceedings against the BSRTC officials for the alleged violation of the earlier order.

Summary

The petitioner, Bajrangi Prasad Yadav, filed a petition seeking to initiate contempt proceedings against several officials of the Bihar State Road Transport Corporation (BSRTC) for allegedly violating an order dated 23 April 2019 issued in Civil Writ Jurisdiction Case No.16308 of 2017. The petitioner alleged that the opposite parties deliberately and intentionally failed to comply with the High Court’s direction. The court examined a memo (No. 4072 dated 20 September 2019) which indicated that an order had been passed in compliance with the earlier direction. After considering the submissions, the court granted the petitioner liberty to agitate the order dated 20 September 2019 and to proceed with contempt proceedings. The order effectively allows the petitioner to move forward with the contempt action against the BSRTC officials.

Issues considered

  • Did the BSRTC officials deliberately violate the High Court’s order dated 23 April 2019?
  • Is the petitioner entitled to initiate contempt proceedings against the opposite parties?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • high court order compliance
  • Bihar State Road Transport Corporation
  • petition
  • order violation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.949 of 2020
                                                        In
                                Civil Writ Jurisdiction Case No.16308 of 2017
                 ======================================================
                 Bajrangi Prasad Yadav Son of Late Hardwar Prasad Yadav, Resident of
                 Mohalla - Patel Nagar, Police station- Nawada, District- Nawada, at present
                 address residing of village- Sherpur, Police station- Sahpur, District- Patna

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The Bihar State Road Transport Corporation through the Administrator,
                 Bihar State Road Transport Corporation, Birchand Patel Path, Pariwahan
                 Bhawan, Patna, Bihar, namely Yogendra Poddar
           2.    The Chief Administration, The Bihar State Road Transport Corporation,
                 Birchand Patel Path, Pariwahan Bhawan, Patna, Bihar, namely Surendra
                 Prasad
           3.    The Chief of Operation, Bihar State Road Transport Corporation, Birchand
                 Patel Path, Pariwahan Bhawan, Patna, Bihar, namely Sudhir Jha
           4.    The Financial Advisor-cum-Chief Account Officer, the B.S.R.T.C., Birchand
                 Patel Path, Pariwahan Bhawan, Patna, Bihar, namely Vinay Kumar
           5.    The Divisional Manager, B.S.R.T.C., Gaya namely Ramchandra Prasad
           6.    The Divisional Manager, B.S.R.T.C., Patna, namely Navin Kumar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :    Mr. Prabhat Kumar Verma, Advocate
                                          :    Mr. Dr. Anand Kumar, Advocate
                                          :    Ms. Vijeta Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   10-03-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   grant of following relief(s):

                                                “for initiation of contempt proceeding

                                      against the opposite parties/contemnors for

                                      deliberately and intentionally violating the order

                                      dated 23.04.2019 passed by the Hon’ble Court
            Patna High Court MJC No.949 of 2020(4) dt.10-03-2026
                                                        2/2




                                         in CWJC No. 16308 of 2017.”

                                   3. The show cause shows that vide memo no.4072

                      dated 20.09.2019, an order has been passed in compliance with

                      the direction of the Patna High Court.

                                   4. Granting liberty to the petitioner to agitate the

                      aforesaid order dated 20.09.2019, the MJC No. 949 of 2020.



                                                     (Rajiv Roy, J)
vinayak/-

U


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