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Patna High CourtMJC/176/2022disposed

Khushbu Kumari v. The Nava Nalanda Mahavihar Bhikshu Jagdish Kashyap Marg, Nalanda (Bihar)

2024-04-20Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.176 of 2022 In Civil Writ Jurisdiction Case No.16561 of 2021 ====================================================== Khushbu Kumari, wife of Sri Nigam Bhardwaj, resident of Bhadodihi, P.S. Jhumri Tilaiya, District Kodarma (Jharkhand). ... ... Petitioner.

Versus

1.

The Nava Nalanda Mahavihar Bhikshu Jagdish Kashyap Marg, Nalanda (Bihar) through its Registrar.

2.

Mr. Baidyanath Labh, the Vice Chancellor, Nav Nalanda Mahavihara, Bhikshu Jagdish Kashyap Marg, Nalanda (Bihar). 3.

Mr. Sunil Prasad Sinha, the Registrar, Nava Nalanda Mahavihara, Bhikshu Jagdish Kashyap Marg, Nalanda, Bihar.

... ... Opposite Parties.

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

For the Petitioner :

Mr. Dhananjay Kumar, Advocate For the Mahavihar :

Mr. Ajay Kumar Sinha, Senior Advocate.

Mr. Ugranath Mallik, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 20-04-2024 The present M.J.C./Contempt Petition is filed for non-compliance of the orders of this Court dated 20.09.2021 passed in C.W.J.C. No.16561 of 2021. Limited direction issued by this Court is to submit representation within a period of four weeks from 20.09.2021. Thereafter, the concerned authority was required to pass a reasoned and speaking order preferably within a period of three months from the date of receipt of the representation. Whereas, the orders of this Court dated 20.09.2021 passed in C.W.J.C. No.16561 of 2021 has been complied on 10.04.2024.

2. It is to be noted that there is no application for

Patna High Court MJC No.176 of 2022 dt.20-04-2024 2/2 extension of time in C.W.J.C. No.16561 of 2021. That apart, there was a partial compliance on 12.05.2022 in which orders of this Court dated 20.09.2021 passed in C.W.J.C. No.16561 of 2021 was not complied in full to the extent of sub-clause (c) at page no.5 of the order dated 20.09.2021. Thereafter, time was granted for personal hearing of the petitioner. Therefore, there are lapses on the part of the official respondent at every stage and so also enormous delay. Hence, the present M.J.C./Contempt Petition stands dropped reserving liberty to the petitioner to assail the order dated 10.04.2024, in accordance with law, if he is not satisfied.

3. Having regard to the conduct of the respondents like delay in implementation of the court order, we propose to impose cost of Rs.5000/- and it shall be paid to the petitioner within a period of eight weeks from today, other than our earlier order of imposing cost of Rs.5000/-.

4. All the contentions to be urged by the petitioner stand left open in future litigation.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.04.2024.

Transmission Date NA