Ajay Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Ajay Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition dropped; liberty reserved to the petitioner to file an interlocutory application to revive the order in the event of non-completion of construction of four additional classrooms at middle school, Harail within the period of three months.

Issue for consideration

Whether the contempt petition (MJC No.3290 of 2023) should stand dropped in view of the respondents' supplementary show cause and the State counsel's instruction-backed submission that the additional classroom construction would be completed within three months from 10.06.2024.

Court's answer

In light of the respondents' supplementary show cause (with Annexure-A to D) and the State counsel's submission on instructions that the additional classroom would be completed within three months from 10.06.2024 and handed over to the concerned authorized person, the present contempt petition stands dropped, with liberty reserved to the petitioner to file an interlocutory application to revive the order in the event of non-completion of construction of four additional classrooms at middle school, Harail within the period of three months.

Ratio / Principle

Accordingly, the present MJC stands disposed of.

Detailed headnote1 paragraphs

Contempt proceeding — MJC No.3290 of 2023 arising in Civil Writ Jurisdiction Case No.15044 of 2021, High Court of Judicature at Patna; oral judgment (Per: Hon'ble Mr. Justice P. B. Bajanthri) with Hon'ble Mr. Justice Alok Kumar Pandey on the Bench; decided 15-05-2024 (NAFR). Subject matter: construction of additional classrooms — specifically four additional classrooms at middle school, Harail (District Samastipur). On the day of hearing the respondents (State of Bihar through the Chief Secretary and education officials including the Principal Secretary, HRD; Director, Primary Education; DM and DEO, Samastipur; DPO, BEP; BDO and BEO, Mohiuddin Nagar) filed supplementary show cause along with Annexure-A to D, and learned counsel for the State submitted on instructions that the additional classroom would be completed within a period of three months from 10.06.2024 and handed over to the concerned authorized person. In light of that submission the Bench dropped the present contempt petition, reserving liberty to the petitioner (Ajay Kumar Singh) to file an interlocutory application to revive the order in the event of non-completion of the four additional classrooms at middle school, Harail within the three-month period, and accordingly disposed of the MJC. No statute or precedent was cited; no dissenting opinion.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3290 of 2023

In

Civil Writ Jurisdiction Case No.15044 of 2021

======================================================

Ajay Kumar Singh Son of Late Braj Bhushan Prasad Singh, @ Brajbhushan Singh, Resident of Village - Chapar, (Jorawar), Post Office- Chapar, P.S.Mohiuddin Nagar, District - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar through Shri Amir Subhani, I.A.S., Chief Secretary, Government of Bihar, Patna.

Shri K.K. Pathak, I.A.S., Principal Secretary, Human Resources Department (Education Department) Govt. of Bihar, Patna.

Shri Pankaj Kumar, I.A.S., Director, Primary Education, Education Department, Govt. of Bihar, Patna.

Shri Yogendra Singh, I.A.S., District Magistrate, District- Samastipur.

Shri Madan Rai, District Education Officer, District- Samastipur.

Shri Sumit Kumar Saurabh, District Programme Officer, Bihar Education Project (Primary Education), District - Samastipur.

Shri Om Prakash, Block Development Officer, Block Mohiuddin Nagar, District - Samastipur.

Shri Madhukar Prasad, Block Education Officer, Block Mohiuddin Nagar, District - Samastipur.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar Mr. Rakesh Kumar Singh Mr. Kumar Bal Krishna For the Opposite Party/s : Mr.Sumant Kr Singh, A.C. to GA.2 Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 15-05-2024

Today, respondents have filed supplementary show cause

along with Annexure- A to D. It is also submitted by learned counsel for the State on instructions that period of three months from 10.06.2024 the subject matter of construction of additional

Patna High Court MJC No.3290 of 2023 dt.15-05-2024 2/2

classroom would be completed and it would be handed over to the concerned authorized person. In the light of the aforementioned submission, the present contempt petition stands dropped, reserving liberty to the petitioner to file interlocutory application to revive this order in the event of noncompletion of construction of four additional classrooms at middle school, Harail within the period of three months.

Accordingly, the present MJC stands disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J)

vashudha/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	15.05.2024
Transmission Date	NA