The High Court of Patna heard a contempt petition alleging non-compliance with a previous writ order regarding a refund. The court held that no obligation lay on the Registrar thus no cause for contempt exists and the matter lies in a separate forum.
The contempt application disposed of as no cause for contempt is made out.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2947 of 2016
In
Civil Writ Jurisdiction Case No. 16143 of 2012
====================================================== Surendra Prasad, son of Late Munshi Raut, resident of Magadh Colony, Road No.12, P.S.-Medical Gaya, District-Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Kumar Ravi, the District Magistrate, Gaya. 3. Narendra Prasad Mandal, the Registrar, Co-operative Societies, New Secretariat, Patna. 4. Sushma Choudhary, the Joint Registrar, Co-operative Societies, Gaya. 5. Arun Kumar, the Sub-Divisional Officer, Gaya. 6. Yatendra Kishore Kushwaha, the Block Co-operative Development Officer, Gaya. 7. Arun Kumar Singh, the Administrator, Press Credit Society Ltd., Gaya. 8. Satendra Singh, the District Co-operative Development Officer, Gaya. 9. Kumar Kunal, the Bihar State Election Authority 32, Harding Road, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Phulendra Kumar For the Respondent/s : Mr. Prabhat Kumar Verma, AAG-3 For the State : Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
3 19-10-2016 Heard Mr. Phulendra Kumar, learned counsel appearing for the petitioner and Mr. Saroj Kumar Sharma, Assisting Counsel to AAG-3, for the State.
Although the petitioner endeavors to complain against the inaction of the Registrar, Cooperative Societies for not complying with the order passed in CWJC No.16143 of 2012 inasmuch as the prayer for refund of money made by the petitioner has not been acted upon but considering the nature of
the order passed in the writ petition, no cause for contempt is
Patna High Court MJC No.2947 of 2016 (3) dt.19-10-2016
2
made out since no obligation as such was cast on the Registrar, Co-operative Societies, in the order passed. In case the petitioner is aggrieved by the failure of the authorities of the Cooperative department to examine his grievance or act thereupon, then the remedy for the petitioner would lie in an independent proceeding before a proper forum and not in contempt jurisdiction.
The contempt application is accordingly disposed of.
(Jyoti Saran, J)
deepika/-
U
1 issue framed by the court
Whether the inaction of the Registrar, Cooperative Societies in not complying with a prior order constitutes contempt of court.
Surendra Prasad
The State of Bihar
Kumar Ravi
Narendra Prasad Mandal
Sushma Choudhary
Arun Kumar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
