Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1310 of 2023 In Civil Writ Jurisdiction Case No.7993 of 2015 ====================================================== Anil Kumar, Son of Sri Jawala Prasad Resident of Village- Ahiyachak, Police Station- Katrisarai, District- Nalanda.

... ... Petitioner

Versus

1.

The State of Bihar Through its Chief Secretary Govt. of Bihar, Patna, namely Sri Amir Subhani.

2.

The District Magistrate, Nalanda at Biharsharif, namely Sri Shashank Shubhankar.

3.

The Superintendent of Police, Nalanda at Biharsharif namely Ashok Mishra. 4.

The Sub Divisional Officer, Rajgir, District Nalanda namely Anita Sinha. 5.

The Block Development Officer, Katrisarai District Nalanda, namely Prem Kumar.

6.

The Circle Officer, Katrisarai District Nalanda, namely Jitendra Kumar Chaudhary.

7.

The S.H.O. Katrisarai, P.S. District Nalanda namely Sharad Ranjan. 8.

The Religious Trust Board, Patna through its Chairman namely Prakash Jain. 9.

The Mukhiya Gram Panchayat Raj, Mairabariph Block Katrisarai District Nalanda, namely Nitu Kumar.

10.

The C.P.I. Male Through its President, Bihar, Patna namely Kunal. 11.

The District Secretary, C.P.I., Male Nalanda at Biharsharif namely Ram Das Akela.

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Gyan Prakash Ojha, GA-7 Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 13-08-2024 The present M.J.C./Contempt Petition is not maintainable in view of the fact that it is not within the time

Patna High Court MJC No.1310 of 2023 dt.13-08-2024 2/2 limits stipulated under Section 20 of the Contempt of Courts 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.

2. 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 14.08.2024 Transmission Date NA