M/s Balajee Mini Steels and Re-Rolling Pvt. Ltd. vs The State of Bihar, Mr. Sanjay Kumar Singh, I.A.S,

Date : 21-08-2026 Heard Mrs. Shama Sinha, learned counsel for the petitioner and the State as also learned counsel for the Bihar South Power Distribution Company Ltd. (henceforth for short ‘the Company’).

The present petition has been preferred for the following relief(s)

"for initiation of contempt proceeding against the contemnors/opposite parties for their willful disobedience of the order dated 18.12.2024 passed in CWJC No.12218 of 2023."

The writ court in C.W.J.C. No. 12218 of 2023 (M/s Balajee Mini Steels and Re-Rolling Pvt. Ltd. vs. the State of Bihar) passed a reasoned order on 18.12.2024 and paragraphs 11 and 12 read as under:

Having heard to the above mentioned facts and circumstances, the present writ petition is allowed. The authorities are directed to calculate the incentive/subsidies for the above mentioned items and take necessary steps for making payments as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, the present writ petition stands allowed.

To be fair to the opposite parties, since order was uploaded on 05.06.2025, the eight weeks’ period comes to an end in the month of August, 2025.

The petitioners waited for one more month and thereafter, preferred contempt petition in the month of September, 2025.

The matter was taken up by the coordinate bench on number of occasions but as usual, the State Government slept over the matter. ‘The Company’ however, filed its show cause. Fed up with attitude of the State opposite parties, on 03.07.2026, the coordinate bench passed the following order.

Today, a show cause has come on behalf of opposite party nos. 2 and 3 and paragraph-10 shows that LPA No. 737 of 2026 has been filed and was registered on 20.08.2026 i.e. two days earlier.

It is to be noted that the Writ Court’s order dates back to December, 2024.

Learned counsel for the petitioners, Mrs. Shama Sinha has taken this Court an order of the Hon’ble the Apex Court in the case of Israr Ahmad Khan vs. Amarnath Prasad & Ors. with Contempt Petition (Civil) No. 6/2025 in C.A. No. 7024 of 2025 [Md. Hanif vs. Amarnath Prasad & Ors.] to show that delayed filing by the Government has been deprecated .

She has taken this Court to paragraph 27 onwards which records observations of the Hon’ble the Apex Court in such belated/delayed appeals which are filed only to defeat the implementation of the order.

This Court has also taken note of the fact that in number of such contempt petitions where the Court having been exhausted with the repeated adjournments, passes strong order, in comes their show cause informing about the filing of the appeal.

Paragraphs 27 to 32 of the Israr Ahmed (supra) order read as under:

Delayed filing of appeals should be the exception, but in recent times, the exception has practically evolved to become the rule. Orders passed by the Courts are not complied with for a long time, and when Contempt Petitions are filed, belated appeals, with tremendous delay, are preferred.

The (alleged) continuing contumacious conduct of the defaulting party is sought to be justified on the mere production of a Diary/Filing/Stamp Reporting Number showing that an appeal has been preferred, so as to obtain multiple adjournments in contempt matters.

We, in no uncertain terms, deprecate these practices. It is felt that by such modus operandi, disobedient litigants act brazenly which has the further effect of bringing down the authority and majesty of the Courts and the rule of law, interfering in the administration of justice. The same may well, in certain situations. border on criminal contempt.

The High Courts should deal with such unscrupulous litigants, moreso when they happen to be 'State', within the meaning of Article 12 of the Constitution, or like bodies, with an iron hand. Unless the High Courts, so also this Court deal with these aspects firmly, we run the clear risk of erosion of the unflinching faith that the ordinary litigants of this country repose in the Judiciary at all levels. It is the solemn duty of all of us manning the Courts across the hierarchy to ensure that the public faith never wavers.

(emphasis added)

Registry to forthwith place Review Petition bearing Diary No.57124/2025 before the appropriate Bench, after obtaining due permission from Hon'ble the Chief Justice of India. A copy of this Judgement shall be placed with that Review Petition.

Copies of this Judgment be also circulated to the Union Secretary, Department of Personnel and Training; the Chief Secretaries to all State Governments, Union Territory Administrations and the Government of the National Capital Territory of Delhi, with a direction to take note of what we have stated above.

This is also one of such cases where an order came to be passed in the matter of December,2024 and after more than one and half year, when the last order of the Coordinate Bench came on 03.07.2026, one month later, on 20.08.2026, the appeal was filed.

Thus, the order of the Hon’ble the Apex Court completely fits in the present case which can be put in the category of the act of brazenness.

However, since the LPA No. 737 of 2026 has been filed, this Court directs the opposite party to take steps and see to it that the said appeal see the light of the day. They are directed to file fresh show cause on the development that takes place in the LPA No. 737 of 2026 within a period of three months from today.

List this case on 11.12.2026.

(Rajiv Roy, J)

Ravi/-