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Patna High CourtMJC/1990/2018dismissed

Karu Raut v. Sri Pankaj Kumar And ORS

2018-08-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1990 of 2018 In Cr. WJC 2772 of 2017 ====================================================== Karu Raut, Son of Bulak Raut, Resident of Village-Marra, P.S.- Roh, District-Nawada at present residing at Mohalla-Hridayganj, P.S.-Katihar (Sahayak), District-Katihar.

.... .... Petitioner/s

Versus

1. Sri Pankaj Kumar, Son of not known to the petitioner, The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Govt. of Bihar, Patna.

2. Smt. Punam Wife of not known to the petitioner the District Magistrate cum-Collector, Katihar.

3. Abhinav Bhaskar Son of not known to the petitioner, the District Supply Officer, Katihar.

4. Kumar Niraj Son of not known to the petitioner, the Addl. District Supply Officer, Katihar.

5. Niraj Kumar Son of not known to the petitioner, the Sub Divisional Officer, Katihar.

6. Nirmal Kumar Yadbendu SHO, Katihar Nagar (Sahayak), Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Adv For the Respondent/s : Mr. S. Raza Ahmad - AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-08-2018 Heard learned counsel for the parties.

This application has been preferred for punishing the respondents for contempt of order of this Court dated 20.12.2017 passed in Cr.W.J.C.No.2772 of 2017, whereby the referred vehicle of the petitioner was ordered to be released in favour of the petitioner on execution of surety bond of Rs. Three Lacs. Annexure-3/1 would reveal that said vehicle was already auction sold on 05.12.2017 itself i.e. prior to the order of this Court for

Patna High Court MJC No.1990 of 2018 (2) dt.01-08-2018 2/2 release.

I do not find any reason to infer that this is a case of willful disobedience of order of this Court dated 20.12.2017 passed in the aforesaid writ application only on the ground of submission of learned counsel for the petitioner that respondents suppressed before the learned court below regarding status of the vehicle and knowledge of its owner.

Accordingly, this application is dismissed as devoid of merit.

(Birendra Kumar, J) Nitesh/- U