Surendra Prasad Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1158 of 2024 In Letters Patent Appeal No.1819 of 2015 ====================================================== 1.

Surendra Prasad Ojha, son of Late Yadunath Ojha, resident of Village and Post Office- Nimez, P.s.- Brahmpur, District- Buxar. 2.

Kundan Kumar, son of Late Tarkeshwar Ojha, resident of Village and Post Office- Nimez, P.S.- Brahmpur, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Special Director, Secondary Education, Department of Education Govt. of Bihar, Patna. 2.

Sachindra Kumar, the Special Director, Secondary Education, Incharge Sanskrit Education Department of Education, Govt. of Bihar, Vikash Bhawan, Patna.

3.

Sunil Kumar, The Additional Secretary cum Administrator, The Bihar Sanskrit Shiksha Board, Patna.

4.

Amar Bhushan, Secretary, Bihar Sanskrit Shiksha Board, Patna. 5.

Anil Kumar Dwivedi, son of not known to the petitioner, The District Education Officer, Buxar.

6.

Bishnu Kant Rai, son of not known to the petitioner, posted as District Programme Officer, Establishment, Buxar.

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

For the Petitioner/s :

Mr.Suresh Kumar Ishwar, Advocate Mr. Sanjeev Kumar Jha, Advocate For the Board :

Mr. S.S. Sundaram, Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG-13 Mr. Rajat Kumar Tiwary, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 06-08-2024 The present M.J.C./Contempt Petition is not maintainable in view of the fact that it is not within the time limits stipulated under Section 20 of the Contempt of Courts

Patna High Court MJC No.1158 of 2024 dt.06-08-2024 2/2 Act. 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 C.W.J.C. No. 13888 of 2016 elaborately considered Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution. Recently, on 22.07.2024 Hon'ble Supreme Court in the case of S. Tirupathi Rao Vs. M. Lingamaiah & Ors. reported in 2024 SCC OnLine SC 1764 held that belated Contempt petitions are not entertainable. Accordingly, the present M.J.C/Contempt petition stands disposed of as not maintainable. Disposal of the present petition would not be a hurdle for the petitioner to invoke writ jurisdiction in accordance with law. Pending I.As, if any, stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2024 Transmission Date NA