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Patna High CourtMJC/1352/1999disposed

Ramprit Choudhary v. Sri R.K.Srivastava,M.D.,Bihar

2017-05-23The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1352 of 1999 ====================================================== Ramprit Choudhary, son of Late Saryu Prasad Choudhary, Market Secretary, Agricultural Produce Market Committee, Birpur, P.S.-Birpur, District-Supaul and at present waiting for posting at Bihar State Agriculture Marketing Board, Pant Bhawan, Bailey Road, Patna .... .... Petitioner/s

Versus

1. Sri R.K.Srivastava, Managing Director, Bihar State Agriculture Marketing Board, Pant Bhawan, Bailey Road, Patna

2. Sri Syed Alamdar Hussain, Acting Secretary, Bihar State Agricultural Marketing Board, Pant Bhawan, Bailey Road, Patna

3. Sri Rajendra Prasad, Acting Director-Marketing, Bihar State Agriculture Marketing Board, Patna Bhawan, Bailey Road, Patna

4. Government of Bihar, through the Secretary, Department of Agriculture, New Secretariat, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Durgesh Nandan, A.A.G-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 23-05-2017 This contempt application was filed in the year 1999. The grievance made in the contempt petition was that an order passed on 17th of October, 1990 in C.W.J.C. No. 3560 of 1983 has not been complied with.

The matter is pending since 1999 and is listed today for the first time after it was lastly listed on 05.08.1999. On going through the counter affidavit and the reply which have been filed way back in the year 1999, it is seen that there are series of disputes between the parties and the matter has been agitated before the Division Bench also at various stages. The records

Patna High Court MJC No.1352 of 1999 (7) dt.23-05-2017 2/2 indicate that C.W.J.C. No. 3560 of 1983 has been disposed of and is no more pending.

The grievance in the contempt application was against the interlocutory interim order passed on 17th of October, 1990 and now after C.W.J.C. No. 3560 of 1983 has been finally disposed of by this Court on 30th of June, 2008, it is not appropriate to initiate action for contempt against the respondents itself.

After disposal of C.W.J.C. No. 3560 of 1983 on 30th of June, 2008 and in the light of interim protection granted to the petitioner, if the petitioner has any grievance still subsisting, he may have liberty to assail the same in accordance with law. Now the proceeding with the contempt application after such a long period of time is not in the interest of justice. Accordingly, the application stands disposed of.

(Rajendra Menon, CJ) Shageer/- U