Nand Lal Chaudhary v. The State Of Bihar Through The Principal Secretary, Water Resources Development Department, Governm

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.646 of 2017 In Civil Writ Jurisdiction Case No.14703 of 2013 ====================================================== Nand Lal Chaudhary son of Late Muni Chaudhary, resident of VillageJamuhara, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Water Resources Development Department, Government of Bihar

2. The District Magistrate, District- Aurangabad, namely Shri Kawal Tanuj.

3. The Circle Officer, Obra Block, District- Aurangabad, namely Shri Tara Prakash.

4. The Executive Engineer, Irrigation Department, Daudnagar, DistrictAurangabad, namely Shri Premsha ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Dubey For the Opposite Party/s :

Mr. Anjani Kumar - Aag 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2019 Having regard to the scope of contempt jurisdiction, particularly, in view of the judgment of the Apex Court in the case of Union of India and Others vs. Subedar Devassy PV, reported in (2006) 1 SCC 613 reiterated in the case of Sudhir Vasudeva, Chairman and MD, Natural Gas Corporation Limited and Others v M George Ravishekaran and Others reported in (2014) 3 SCC 373, the Court is not inclined to proceeding any further, as the scrutiny as to correctness of the decision is not within the realm of contempt jurisdiction.

Accordingly, the present application stands disposed of. However, liberty shall be available to the petitioner to

Patna High Court MJC No.646 of 2017(4) dt.18-02-2019 2/2 challenge the correctness of the order of the Collector, Aurangabad dated 31.03.2017 in appropriate proceeding. (Anil Kumar Upadhyay, J) uday/- U