Deep Narayan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.823 of 2020 ====================================================== Deep Narayan Gupta Son of Sukh Nandan Sah, resident of Mohalla-Ghosh Para, P.S.-Katihar, District-Katihar presently working as Secretary, Sitaram Chamariya Degree College, Katihar, P.S.-Katihar, District-Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

Punam Kumari, The Collector, Katihar.

3.

Neeraj Kumar, The Sub Divisional Officer, Sadar, Katihar. 4.

Rajeev Kumar, The Deputy Collector, Land Reforms, Katihar. 5.

Jai Jai Ram, The Circle Officer, Katihar.

6.

Manjoor Ali, Son of Late Samsuddin, Resident of Village-Hajipur, P.S.- Katihar, District-Katihar.

7.

Faijloo Ali, Son of Late Samsuddin, Resident of Village-Hajipur, P.S.- Katihar, District-Katihar.

8.

Kaloo Rehman, Son of Late Samsuddin, Resident of Village-Hajipur, P.S.- Katihar, District-Katihar.

9.

Sucharoo Bala Devi, Wife of Amulya Chandra Bhaduri, Resident of Katihar, P.S.-Katihar, District-Katihar.

10.

Kamli Devi, Wife of Braj Lal Soren, Resident of Village-Hridayganj Santhal Tola, P.S.-Katihar, District-Katihar.

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

For the Petitioner/s :

Mr.Sushmita Mishra For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-07-2025 The present Contempt is arising out of order dated 15.02.2018, passed in LPA No. 1436 of 2013.

2. MJC - Contempt petition is filed in the month

Patna High Court MJC No.823 of 2020(4) dt.22-07-2025 2/3 of February, 2020, whereas cause of action accrued to the petitioner in the month of March, 2018. With reference to cause of action, MJC - contempt should have been filed within a period of 01 year from the date cause of action. In other words, MJC - contempt should have been filed in the month of March 2019, on the other hand, MJC - Contempt has been filed in the month of February, 2020.

3. Therefore, Section 20 of the Contempt of Courts Act, 1971 would be a hurdle insofar as entertaining the present belated MJC - Contempt petition. Similar view has been taken by the co-ordinate Bench in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors. Bearing M.J.C. No. 1840 of 2023 in CWJC No. 13888 of 2016 while interpreting Section 20 of the Contempt of Courts Act read with Article 215 of the Constitution.

4. Accordingly, the present MJC No. 823 of 2020 stands dismissed.

Patna High Court MJC No.823 of 2020(4) dt.22-07-2025 3/3

5. Pending IA(s), if any, stands disposed of reserving liberty to the petitioner to invoke appropriate remedy.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Nirajkrs/- U