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Patna High CourtMJC/1455/2018disposed

Kashi Singh v. The State Of Bihar And ANR

2023-11-09Mr. Justice P. B. Bajanthri,Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1455 of 2018 In Letters Patent Appeal No.139 of 2016 ====================================================== Kashi Singh Son of late Muneshwar Bhagat @ Muneshwar Bhagat, Resident Of Village - Koyladewa, Tola - Semarbari, P.S. Phulwaria, District - Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sri K.K. Pathak, I.A.S. the Additional Member, Board of Revenue, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-11-2023 The matter was called twice. None appears for the petitioner.

2. The present MJC contempt is filed for noncompliance of order dated 16.02.2017 passed in LPA No.139 of 2016 arising out of CWJC No.21250 of 2013. In fact, there is no specific direction of this Court as it was observed that the petitioner is at liberty to invoke statutory remedy under Section 17A of the Bihar Bhoodan Yagna Act, 1954. In this regard, petitioner has stated to have invoked remedy before the Board of Revenue, Bihar, Patna in filing revision petition. Revision

Patna High Court MJC No.1455 of 2018(2) dt.09-11-2023 2/2 Case No. 42 of 2017 has been decided by the Board of Revenue, Patna on 08.03.2018. In the light of these development, primafacie the present contempt petition itself is not maintainable, since the petitioner has furnished the Board of Revenue decision passed in Revision Case No. 42 of 2017 dated 08.03.2018 as Annexure-3 to the MJC application.

3. Accordingly, petition stands disposed of. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) Brajesh Kumar/- U