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Patna High CourtMJC/98/2020disposed

Institution Of A Public Character v. The State Of Bihar

2023-10-31Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.98 of 2020 In Civil Writ Jurisdiction Case No.9901 of 2017 ====================================================== Institution of A Public Character (A Society Registered under the Society Registration Act, 1860) having its registered office at Mohalla - Saketpuri, South of Bazar Samiti, Post - Rajendra Nagar, Police Station - Bahadurpur, District - Patna through its Secretary Md. Rizwan @ Rijvan, aged about years, male, son of Late Umar Daraj, resident of Mohalla - Kumhar Toli (Kankarbagh Main Road), Police Station - Kankarbagh, District - Patna. ... ... Petitioner.

Versus

1.

The State of Bihar through Mr. Deepak Kumar, Chief Secretary, Government of Bihar, Patna.

2.

Mr. Deepak Kumar Chief Secretary, Government of Bihar, Patna. 3.

Mr. Jitendra Srivastava, I.A.S., Principal Secretary, Public Health and Engineering Department, Government of Bihar, Patna. 4.

Mr. Mayank Warwadeias Commissioner, Darbhanga Division, Darbhanga. 5.

Mr. S.C. Mishra Engineer-in-Chief cum- Special Secretary, Public Health and Engineering Department, Government of Bihar, Patna. 6.

Mr. Shashank Subhankar District Magistrate, Samastipur 7.

Mr. Bimal Kumar Singh, Chief Engineer, (Urban), Public Health and Engineering Department, Government of Bihar, Patna. 8.

Mr. Vinod Kumar Chief Engineer, Public Health and Engineering Department, Muzaffarpur.

9.

Mr. Rajesh Kumar Roshan, Executive Engineer, Public Health Engineering Department, Samastipur Division, Samastipur.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Surendra Kumar Mishra, Advocate.

For the State :

Mr. S. Raza Ahmad (AAG- 5).

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 31-10-2023 The present M.J.C./Contempt Petition is filed for noncompliance of the order of this Court dated 18.12.2017 passed in C.W.J.C. No.9901 of 2017.

Patna High Court MJC No.98 of 2020(5) dt.31-10-2023 2/2

2. Prima facie, the present M.J.C./Contempt Petition is not maintainable on the ground of delay read with Section 20 of the Contempt of Courts Act, 1971. However, Mr. Chandra Bhushan, Executive Engineer, PHED, Samastipur, who is present in the Court, furnished certain later developments insofar as the implementation of National Rural Drinking Water Programme.

3. In the light of these developments, the present M.J.C./Contempt Petition does not survive for consideration. Accordingly, the present M.J.C./Contempt Petition stands disposed of reserving liberty to the petitioner to file a fresh writ petition, if cause of action accrues afresh.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) P.S./- U