Shashi Bhushan Kumar v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.210 of 2022 In Civil Writ Jurisdiction Case No.6067 of 2021 ====================================================== Shashi Bhushan Kumar, son of Ajay Kumar, Resident of Village and P.O.- Nadwan, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Dept. of Panchayati Raj, Government of Bihar, Patna. Sri Arvind Kumar Chaudhary.

3.

The Principal Secretary, Dept. of Rural Development, Govt. of Bihar, Sri Arvind Kumar Chaudhary.

4.

The Divisional Commissioner Patna Division, Patna Sri S. Agarwal. 5.

The Collector, Arwal Ms. J Priyadharshini.

6.

The Panchayati Raj Officer, Arwal Sri Mritunjay Kumar. 7.

The Deputy Development Commissioner, Arwal Sri Amrisha Bhains. 8.

The Block Development Officer, Karpi, Block, District- Arwal, Sri Rajiv Kumar Sinha.

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

For the Petitioner/s :

Mr. Abhay Kumar Thakur, Advocate.

For the Opposite Party/s :

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) 07-10-2023 On 05.10.2023, the following order was passed: "The present MJC-contempt petition is filed for noncompliance of the order dated 19.07.2021 passsed in CWJC No.6067 of 2021. Direction was for consideration of petitioner's grievance to be stated in the representation and afford an opportunity.

2. During pendency of the present MJC-contempt petition, on 29.07.2022 grievance of the petitioner has been redressed and it has not been placed on record along with the show cause dated 24.11.2022.

3. In view of this development, the proceeding of

Patna High Court MJC No.210 of 2022(4) dt.07-10-2023 2/2 present MJC-contempt petition stands dropped reserving liberty to the petitioner to assail the order dated 29.07.2022, if he is so aggrieved."

2. In the absence of show cause and compliance order, we had passed the above order and Technically it is incorrect. Hence order dated 05.10.2023 is recalled.

3. Heard.

4. On 27.07.2022, an order has been passed insofar as the compliance of the order of this Court dated 19.07.2021 passed in C.W.J.C. No.6067 of 2021. The same has been placed on record along with the show cause dated 29.07.2022, however, the Registry has not put up the show cause dated 29.07.2022. Since it has been misplaced, therefore, we have perused the show cause dated 29.07.2022 of the State counsel copy and proceeded to drop the contempt proceedings. The petitioner is at liberty to question the validity of the order dated 27.07.2022, if he is aggrieved. Accordingly, the present M.J.C./ Contempt Petition stands dropped.

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