Patna High Court - Orders
M/S Essell Lubricants And Chemicals ... vs The State Of Bihar Through Shri Amir ... on 21 November, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.293 of 2025
In
Civil Writ Jurisdiction Case No.10038 of 2020
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M/s Essell Lubricants and Chemicals Private Limited having its Office at
Eyari Road Farm, Aurangabad-824101, through its Managing Director-
Laxmi Prasad aged about 61 Years, Male, S/o Late Gupteshwar Ram, resident
of Village- Nawadih Road, Near Kali Club, P.S.- Aurangabad, District-
Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through Shri Amir Subhani, Chief Secretary Government
of Bihar, Patna.
2. Smt. Bandana Preyashi, The Principal Secretary, Department of Industry,
Government of Bihar, Patna.
3. Shri Sanjay Kumar Singh, Commissioner-Cum-Secretary, Department of
State Taxes, Government of Bihar, Patna.
4. Shri Alok Ranjan Ghosh, Director, Industries, Department of Industry,
Government of Bihar, Patna.
5. Shri Shekhar Anand, The Director, (Technical Development) Department of
Industry, Government of Bihar.
6. Shri Vivek Kumar, The General Manager, District Industries Centre,
Aurangabad.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Additional Advocate General 7
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 21-11-20251. The present contempt application has been filed for initiation of contempt proceeding against opposite parties, particularly the respondent no. 4, who have deliberately and willfully flouted the order dated 22.03.2024, passed in CWJC No. 10038 of 2020.
2. Learned counsel for the petitioner submits that a Patna High Court MJC No.293 of 2025(5) dt.21-11-2025 2/5 detailed order was passed by this Court on 22.03.2024 directing the respondents to reimburse the 80% of the VAT amount paid by the petitioner/company for the period of 2012-13, 2013-14 and 2014-15 after adjusting the amount which has already been paid to the petitioner. The aforesaid order has not been complied and LPA bearing LPA No. 576 of 2024 has been filed by the Respondents/Opposite Parties on 27.05.2024, i.e., after delay of about more than 2 months from the date of passing of the order, dated 22.03.2024, by this Court. The present LPA has been filed merely in order to create a defence in the contempt application and the same is not bona fide.
3. On the other hand, learned counsel for the State submits that LPA has been filed along with the stay petition and referring to Paragraph-8 he submits that the present contempt application may be heard after disposal of the LPA.
4. In reply, learned counsel for the petitioner submits that this court has adjourned the contempt application on several occasions at the request of opposite parties starting from July 2025, but the opposite parties failed to produce any order passed in the LPA, and every time, time is being prayed to get the LPA listed. Today also, time has been prayed for getting the LPA listed for hearing.
Patna High Court MJC No.293 of 2025(5) dt.21-11-2025 3/5
5. I have heard learned counsel for the parties.
6. From the submissions made by the parties and materials available on record, it is clear that order was passed on 22.03.2024 by this court, directing the respondents/opposite parties to reimburse the 80% of the VAT amount paid by the petitioner/company for the period of 2012-13, 2013-14 and 2014-15 after adjusting the amount which has already been paid to the petitioner. The LPA, bearing, LPA No. 576 of 2024, has been filed on 27.05.2024 i.e. after lapse of more than two months from this Court's order, dated 22.03.2024. This Court has granted several opportunities to the respondent-State to bring on record the stay order, but the same has not been brought on record by the respondents, even though substantial time has passed since the petitioner filed the contempt petition on 25.01.2025.
7. The State Government has come out with Circular No. 1785 dated 06.08.2005 directing all the departments under the government to comply with the order/directions issued by the Writ Court even where LPA is pending or contemplated with a writer that the final order in such respect shall be governed by the order in the revision/appeal. The State Government has also issued another circular, dated 23.01.2023. The said circular Patna High Court MJC No.293 of 2025(5) dt.21-11-2025 4/5 reiterates the earlier policy decision and directs that the orders of the Hon'ble Court are required to be complied forthwith, even where an appeal, review, or revision petition is pending and no stay has been granted. It further stipulates that such compliance shall remain subject to the final result of the pending appellate or revisional proceedings. The circular further contains a specific direction to the Additional Chief Secretaries, Principal Secretary and secretaries to the effect that all pending matters involving similar issues, particularly those arising out of MJC proceedings, shall be reviewed and to ensure compliance of those orders. In addition, the circular cautions that failure to adhere to the said instructions may entail fixation of accountability upon the erring officials. The tenor of the circular leaves no ambiguity that pendency of an appeal or review cannot be cited as a ground to delay or avoid implementation of the writ court's order.
8. In view of the fact that LPA has been filed after delay of more than two months from passing of the order, dated 22.03.2024, that too without any application for limitation petition, coupled with the fact that even after several adjournments given to the opposite parties/respondents, no order of stay has been produced, accordingly, this court is prima facie Patna High Court MJC No.293 of 2025(5) dt.21-11-2025 5/5 of the view that opposite party no. 4, i.e., the Director, Industries, Department of Industry, Government of Bihar, Patna, has failed to comply with the order passed by this court.
9. Accordingly, this court has no option but to direct his personal appearance through virtual mode for explaining the valid reasons for not complying with the order passed by this court. He will appear through virtual mode before this court on 12th December, 2025 at 01:00 pm. The registry is directed to send invitation link to the opposite party no. 4 i.e., the Director, Industries, Department of Industry, Government of Bihar, Patna, on his electronic devices viz e-mail, SMS, etc or through fax.
10. List this case under the same heading on 12th December, 2025.
(Anil Kumar Sinha, J) ashwani/-
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