Surendra Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.391 of 2019 In Letters Patent Appeal No.1962 of 2012 ====================================================== 1.
Surendra Kumar S/o Krishna Prasad Resident Of Mohalla- South Mandiri, P.O- G.P.O- P.S- Budha Colony, Town District- Patna. 2.
Brahmdeo Prasad S/o Late Sheo Nandan Prasad Resident of Chankya Puram, Bailey Road, P.S. Rupaspur, Town and District- Patna. 3.
Syed Sayad Afsar Ali Mehdi S/o Late S.M. Ali Mehdi Resident of Mohalla Mogalpura, P.S. Patna City, Town and District- Patna. 4.
Kapil Kumar S/o Yadunandan Singh resident of Village and P.S. Kako, District- Jehanabad.
5.
Rajesh Kumar Yadav S/o Late Bhagwat Yadav Resident of Village Kolahayapatti, P.S. Murliganj, District- Madhepura. ... ... Petitioner/s
Versus
1.
The State Of Bihar and ors through Deepak Kumar, Chief Secretary, Government of Bihar, Patna.
2.
Mr. Amir Subani, Additional Chief Secretary, Home Department, Government of Bihar, Old Secretariat, Patna- 800 001 3.
Mr. Akhilesh Kumar Jain, Secretary, Law Department, Government of Bihar, Patna.
4.
Mr. S. Siddharth, Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna- 800 015 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandeep Kumar, Adv.
Mr. Rohit Raj, Adv.
For the Opposite Party/s :
Mr. Prabhat Kumar Verma (AAG 3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-05-2019 Heard learned counsel for the applicant.
It appears that in terms of the directions issued by the High Court on 15.2.2018 in L.P.A. No.1962 of 2012, an order
Patna High Court MJC No.391 of 2019(3) dt.01-05-2019 2/2 has been passed by the Principal Secretary, Finance, Government of Bihar on 22nd November, 2018. A copy of the said order is Annexure-17 to this application. Having gone through the same, we find that it would be more appropriate that the applicant assails the said order by filing an appropriate petition challenging the said order instead of pursuing this contempt application.
We, accordingly, consign this contempt application with liberty to the applicant to challenge the order dated 22nd November, 2018 before the appropriate forum.
(Amreshwar Pratap Sahi, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U