Renu Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.377 of 2024 In Civil Writ Jurisdiction Case No.47 of 2016 ====================================================== Renu Sinha W/o late Awadhesh Kumar Sinha, Resident of village - Sheikhpura, Ward No. 02, P.S.- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Brajesh Mehrotra, The Principal Secretary, Land and Revenue Department, Bihar, Patna.

3.

Amit Kumar Pandey, The Collector, Khagaria.

4.

Navnit Kumar, Sub-Registrar, Registry Office, Khagaria. 5.

Rajan Kumar, The Circle Officer, Khagaria.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Nutan Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2024 Heard the parties.

2. The present petition has been preferred for the compliance of order dated 27.02.2020 passed in CWJC No. 47 of 2016 by which direction was given to the respondent no. 3, the Collector, Khagaria to dispose of the representation of the petitioner.

3. At the outset, learned State Counsel pointed out that the order is of the year 2020 and the contempt petition has been filed after much delay in the year 2024 and as such, it is hit by the limitation prescribed in the Contempt of Courts Act, 1971 (henceforth for short, 'the Act').

Patna High Court MJC No.377 of 2024(4) dt.11-07-2024 2/2

4. Section 20 of 'the Act' read as follows:

20. Limitation for actions for contempt.- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.

5. Learned counsel for the petitioner submits that the husband died on 16.03.2021 and as such, there was delay.

6. Mrs. Nutan Sahay, learned State Counsel submits that the order is of 27.02.2020 and one year period came to an end on 26.02.2021 when the petitioner's husband was alive.

7. Though the petitioner is widow and this Court has full sympathy with her, Section 20 of 'the Act' comes into play which debars taking up further steps in the contempt matter.

8. However, since only representation was to be disposed of, the opposite parties can see to it whether it can be done or not.

9. The MJC No. 377 of 2024 stands disposed of. (Rajiv Roy, J) kiran/- U