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Patna High CourtL.P.A/2196/2016dismissed

Mostt. Nilam Sharma v. The State Of Bihar And ORS

2018-04-10Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2196 of 2016 In Miscellaneous Jurisdiction Case No.682 of 2015 ====================================================== Mostt. Nilam Sharma Wife of late Ravindra Sharma resident of MohallaMakhania Kuan, East Gali, Police Station- Pirbahor, District- Patna. ... ... Appellant/s

Versus

1. The State of Bihar

2. The Chief Engineer, South Bihar, Bhawan Construction Department, Patna.

3. The Superintendent Engineer, South Bihar Anchal, Patna.

4. The Superintendent Engineer, Public Work Department, Patna Division, Patna

5. The Executive Engineer, Public Work Department, Patna Division, Patna cum Drawing and Dispersing Officer.

6. The Provident Fund Officer, Patna.

7. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anil Kumar, Advocate For the Respondent/s :

Mr. Raj Ballabh Prasad Yadav- AAG 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-04-2018 This L.P.A. filed under Clause X of the Letters Patent has been filed against an order dated 4.9.2016 passed in M.J.C. No.682 of 2015 which was filed for initiating action for contempt under Article 215 read with 12 of the Contempt of Court Act and the M.J.C. has been disposed of in the following terms: "In view of ratio of the decision rendered in the case of the State of Bihar & ors. v. Bimli Devi, reported in 2016(1) PLJR 452, this contempt application is disposed of."

Patna High Court LPA No.2196 of 2016 dt.10-04-2018 2/2 Meaning thereby, the learned Writ Court did not deem it appropriate to initiate action for contempt. Once in a contempt proceeding, learned Court has not taken any action, a Letters Patent Appeal is not maintainable.

In view of the above, the appeal is misconceived and is, therefore, dismissed.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11.04.2018 Transmission Date