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Puneet Pushkar v. The State of Bihar

Patna HC22 Feb 2024MJC/629/2023

Case brief

AI extract

What is this about?

Contempt of court; non-compliance of writ direction; belated compliance after show-cause to Principal Secretary, Urban Development and Housing Department; MJC dropped; litigation cost Rs. 10,000; Nagar Panchayat Maharajganj, Siwan; State Election Commission Bihar; C.W.J.C. No. 11469 of 2022; order dated 12.08.2022; compliance dated 19.02.2024; Rule 7(i) Chapter XXVII Patna High Court Rules; Contempt of Courts Act, 1971 (Act 70 of 1971); liberty to challenge compliance order dated 19.02.2024.

What did the court decide?

Litigation cost of Rs. 10,000 awarded to the petitioner, payable within eight weeks from receipt of the order; contempt proceedings not initiated and the MJC stands dropped; liberty reserved to the petitioner to question the validity of the order dated 19.02.2024 in accordance with law. ¶35

Puneet Pushkar Vs The State of Bihar — Contempt of Court | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the official respondents committed contempt by failing to comply with the order dated 12.08.2022 in C.W.J.C. No. 11469 of 2022, whose four-month compliance period expired on 08.01.2023. +1 more

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Court's answer

Taking note of the facts and circumstances, the concerned official respondents have committed contempt (by non-compliance of the order dated 12.08.2022 in C.W.J.C. No. 11469 of 2022).

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Ratio / Principle

Having regard to the belated compliance, the Court refrained from initiating contempt proceedings/framing charges and instead awarded litigation cost quantified at Rs. 10,000, payable to the petitioner within eight weeks of receipt of the order.

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Key takeaways

The present MJC stands dropped.ratio¶35
The petitioner is at liberty to question the validity of the order dated 19.02.2024 in accordance with law (the validity of that compliance order is expressly left open).obiter¶37

Detailed headnote1 paragraphs

Patna High Court (P. B. Bajanthri & Alok Kumar Pandey, JJ.; per Bajanthri, J.), MJC No. 629 of 2023 in C.W.J.C. No. 11469 of 2022, decided 22-02-2024: Miscellaneous Jurisdiction Case alleging non-compliance of the writ order dated 12.08.2022, whereby the petitioner was to submit a representation within four weeks and the concerned authority was to consider and dispose of it within four months (period expiring 08.01.2023). Respondents complied only on 19.02.2024, after the Court's order dated 08.02.2024 directing the Principal Secretary, Urban Development and Housing Department to appear in person and explain the default, failing which contempt proceedings under Rule 7(i) read with Form 1 of Chapter XXVII of the Rules of the High Court at Patna framed under the Contempt of Courts Act, 1971 (Act 70 of 1971) were threatened. Held: the concerned official respondents committed contempt; however, having regard to the belated compliance, the Court did not frame charges and instead awarded litigation cost of Rs. 10,000 to the petitioner, payable within eight weeks; the MJC stands dropped; liberty reserved to the petitioner to question the validity of the order dated 19.02.2024 in accordance with law.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.629 of 2023 In

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Civil Writ Jurisdiction Case No.11469 of 2022

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Puneet Pushkar Son of Late Gautam Resident of Wards No.12, Nagar Panchayat Maharajganj, Village-Pasnauli, P.S. Maharajganj, District Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shri Amir Subhani, Chief Secretary, General Administration, Government of Bihar, Patna.

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Shri Anand Kishor, Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

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Dr. Deepak Prasad, State Election Commission, Bihar, Patna.

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Mukesh Kumar Sinha, Secretary, State Election Commission, Bihar, Patna.

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Shri Amit Kumar Pandey, District Magistrate, Siwan.

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Smt. Sharda Devi, Chairman, Nagar Panchayat Maharajganj, Siwan.

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Shri Harishchandra, Chief Executive Officer, Nagar Panchayat Maharajganj, Siwan.

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Surendra Kishore Thakur For the Opposite Party/s : Mr.Yogendra Prasad Sinha (Aag 7)

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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6 22-02-2024 The present MJC is filed for non-compliance of the

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order dated 12.08.2022 passed in C.W.J.C. No. 11469 of 2022. There are two fold directions, namely, petitioner was required to submit representation within four weeks from 12.08.2022 thereafter the concerned authority was to consider and dispose of petitioner's representation within four months from the date

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Patna High Court MJC No.629 of 2023(6) dt.22-02-2024 2/3

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of filing of such representation. Four months have elapsed on 08.01.2023 whereas respondents have not complied even after one year. They have complied orders only on 19.02.2024 that too after our order dated 08.02.2024. It is necessary to reproduce our order dated 08.02.2024 and it reads as under:

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None appears for the Staterespondents.

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2.Therefore the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna is hereby directed to appear in person and furnish explanation as to why the orders of this Court has not been complied or in the alternative he has to make arrangement through the departmental counsel. Such explanation be furnished. If explanation is not satisfied by this Court, we are compelled to initiate Contempt of Court proceedings under Rule7 (i) read with Form 1 of Chapter XXVII of Rules of the High Court at Patna framed under the Contempt of Courts Act, 1971 (Act 70 of 1971) in framing charges by fixing the date. 2. Re-list this matter on 22.02.2024

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Taking note of these facts and circumstances, the

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concerned official respondents have committed contempt. We could have initiated contempt of court proceedings while framing charges. However, having regard to the belated compliance, we proceed to award litigation cost and it is quantified at Rs. 10,000. Cost shall be paid to the petitioner

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Patna High Court MJC No.629 of 2023(6) dt.22-02-2024 3/3

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within a period of eight weeks from the date of receipt of this

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order.

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