Nagrik Adhikar Sanrakshan Foundation v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.888 of 2022 In Civil Writ Jurisdiction Case No.16690 of 2021 ====================================================== Nagrik Adhikar Sanrakshan Foundation a Society Registered under Societies Registration Act, 1860, having its Office at J-107-B, Nehru Ekta Colony, R.K. Puram, Sector-7, New Delhi- 110022 through its authorized signatory and Chairman Nagendra Prasad Jaiswal, Male, Aged about 75 years, Son of Rajnarayan Prasad, Resident of H.No. 554, Nakched Tola, Hanuman Gadhi, P.S.- Motihari Sadar, District- East Champaran, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through Mr Anand Kishore, IAS (Male) Aged about Not Known to Petitioner, Son of Not Known, to Petitioner, the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
2.
Mr. Sunil Kumar, Male, Aged about not known to Petitioner, Son of Not known to Petitioner, Municipal Commissioner, Motihari. 3.
Mr. Shirshat Kapil, IAS, Male, Aged about not known to Petitioner, Son of Not known to Petitioner, The District Magistrate, Motihari, East Champaran. 4.
Mr. Saurav Suman Yadav, Male, Aged about not known to Petitioner, Son of Not known to Petitioner, Sub Divisional Magistrate, Sadar, Motihari, East Champaran.
5.
Mr. Pradeep Kumar, Male, Aged about not known to Petitioner, Son of Not known to Petitioner, The Circle Officer, Sadar, Motihari, East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
For the Opposite Party/s :
Mr.Yogendra Prasad Sinha (Aag 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 30-08-2023 Re: I.A. No. 1 of 2023 Heard I.A. No. 1 of 2023 for intervenor on behalf of Md. Arman Khan (who is not party to the CWJC No. 16690 of 2021 or MJC No. 888 of 2021). Petitioner in the I.A. has no locus standi to resolve the contempt proceedings on the score that petitioner in I.A. is not party to the orders of this Court passed in CWJC No. 16690 of 2021 decided on 20.09.2021. The
Patna High Court MJC No.888 of 2022(2) dt.30-08-2023 2/2 I.A. filed by the petitioner to come on record is not permissible in contempt petition. Petitioner being private entity and the contempt of court proceedings is between the court and contemnor or who ever is hurdle in execution of court order would be party. Accordingly, I.A. No. 1 of 2023 filed by Md. Arman Khan is dismissed.
2. None appears for the petitioner - Nagrik Adhikar Sanrakshan Foundation.
3. The MJC No. 888 of 2022 - contempt petition is filed for non-compliance of the order dated 20.09.2021 passed in CWJC No. 16690 of 2021 read with representation of the petitioner dated 25.09.2021. During pendency of the present contempt petition the concerned respondent proceeded to pass order on 25.10.2022 while complying the orders of this Court.
4. Accordingly, the MJC No. 888 of 2022 - contempt petition stands dropped, reserving liberty to the petitioner to assail the order dated 25.10.2022 in accordance with law, if petitioner is aggrieved.
(P. B. Bajanthri, J) (Arun Kumar Jha, J) abhishekkr/- U