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Patna High CourtMJC/4802/2013disposed

Upendra Kumar v. The State Of Bihar And ORS

2015-02-23Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4802 of 2013 IN Civil Writ Jurisdiction Case No. 3395 of 2012 =========================================================== UPENDRA KUMAR, S/O SRI TULSI MISTRY, RESIDENT OF VILLAGE PAKRI, P.O. DADAR, P.S. GOH, DISTRICT AURANGABAD. .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR THROUGH AMARJEET SINHA, THE PRINCIPAL SECRETARY, PRIMARY EDUCATION, HUMAN RESOURCES DEPARTMENT, NOW EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.

2.

SRI ABHAY KUMAR SINGH, THE DISTRICT MAGISTRATE, AURANGABAD.

3. SRI VIDYA SAGAR SINGH, THE DISTRICT PROGRAMME OFFICERCUM-DISTRICT SUPERINTENDENT OF EDUCATION (ESTB.), DISTRICT AURANGABAD.

4. SRI ASHUTOSH SHARMA, THE BLOCK DEVELOPMENT OFFICER, GOH BLOCK.

5. SRI SHASHI BHUSHAN KUMAR SINHA, THE BLOCK EDUCATION EXTENSION OFFICER, GOH BLOCK, DISTRICT AURANGABAD.

6. SRI RAM VINAY SHARMA, THE HEAD MASTER RAJKIYA MADHYA, VIDYALAYA KURWAN, P.O. KURWAN, BLOCK GOH, DISTRICT AURANGABAD.

7. SRI RAGHAVENDRA SHARMA, THE PANCHAYAT SECRETARY GRAM PANCHAYAT CHAPAK, P.S. GOH, DISTRICT AURANGABAD. .... .... OPPOSITE PARTY/S =========================================================== Appearance :

For the Petitioner/s : Mr. SHAMBHU SHARAN SINGH, ADVOCATE. For the Respondent/s : Mr. SANJAY PANDEY, G.P. 21 MR. NISHANT KUMAR JHA, AC TO G.P. 21 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 23-02-2015 Herd learned counsel for the petitioner and learned counsel for the State.

The present contempt application has been filed

asserting the non compliance of the order dated 23.02.2012 passed in C.W.J.C. No. 3395 of 2012 whereunder the aforesaid writ application was dispose of with liberty to the petitioner to bring the matter to the notice of the Collector of the district through appropriate representation who shall consider the matter and pass appropriate orders for compliance of the orders of the Appellate Authority, if the same is still in operation positively within two months from the date of receipt/production of a copy of this order. Learned A.C. to G.P. 21, appearing on behalf of the State, submits that in compliance of the order dated 23.02.2012 passed in C.W.J.C. No. 3395 of 2012, which is under contempt, the matter was brought before the District Magistrate, Aurangabad, (opposite party no. 2) vide Case No.

108 of 2012 and the same was disposed of on 02.11.2012, which would appear from Annexure 1/2 to the contempt application, after joining of the petitioner as teacher in the light of the order dated 03.10.2012 of the Block Development Officer, Goh, Annexure 2 to the contempt application, which would appear from paragraph 6 to the show cause field by the opposite party no. 3.. Since the order, under contempt, has been complied by the opposite party, therefore, no further action is required. Accordingly, this contempt application is disposed of.

if the petitioner feels any grievance, he may take recourse in accordance with law in the appropriate forum. (Rajendra Kumar Mishra, J) Bhardwaj/- U