Krishana Ballabh Singh v. The State Of Bihar Through The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1671 of 2024 In Civil Writ Jurisdiction Case No.13179 of 2021 ====================================================== Krishna Ballabh Singh, Son of Late Vindeshwar Singh, Resident of VillageKobil, P.S.- Islampur, District- Nalanda, State- Bihar. ... ... Petitioner.
Versus
1.
The State of Bihar through the Principal Secretary, Civil Supply and Food Consumer Protection Department, Govt. of Bihar, Old Secretariat, Bihar, Patna, namely Sri Dr. N. Saravana Kumar.
2.
The Director, Department of Civil Supply and Food and Consumer Protection, Old Secretariat, Bihar, Patna, namely Sri Arvind Kumar Chaudhary.
3.
The Commissioner, Patna Division, Patna, namely Sri Kumar Ravi. 4.
The District Magistrate-Cum- Collector, Nalanda, namely Sri Shashank Subhanker.
5.
The District Supply Officer, Nalanda, namely Sri Pramod Kumar. 6.
The Additional District Supply Officer, Hilsa, Nalanda, Sri Pradip Kumar. 7.
The Sub-Divisional Officer, Hilsa, District- Nalanda, Sri Praveen Kumar. 8.
The Block Supply Officer, Islampur, District- Nalanda, Sri Pradip Kumar. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Kant Kumar, Advocate.
For the State :
Mr. Additional Advocate Genera- 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-09-2024 The present M.J.C./Contempt Petition has been filed for non-compliance of the orders of this Court dated 10.01.2022 passed in C.W.J.C. No.13179 of 2021.
2. Limited direction was to the petitioner to submit representation within a period of four weeks from 10.01.2022. Petitioner has not produced copy of the representation.
3. Be that as it may, we can presume that he has filed representation on or before 09.02.2022. From that date, the
Patna High Court MJC No.1671 of 2024 dt.18-09-2024 2/2 concerned authority was required to comply the order on or before 09.05.2022. If the respondents fail to comply the orders of this Court read with the petitioner's representation on or before 09.05.2022 in that event the petitioner had cause of action to file present M.J.C./Contempt Petition as on 09.05.2023 whereas the present M.J.C./Contempt Petition is filed in the year 2024. Accordingly, the present M.J.C./Contempt Petition is not maintainable in view of Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India read with Coordinate Bench decision of this Court in the case of Dr. Rajesh Kumar Sinha and others Vs. The Union of India and others (M.J.C. No.1840 of 2023). Further, recently, the Hon'ble Supreme Court in the case of S. Tirupathi Rao Versus M. Lingamaiah and Others decided on 22nd of July, 2024 {2024 SCC OnLine SC 1764} has held that belated Contempt Petition is not entertainable.
4. Taking note of these dates and events, the present M.J.C./Contempt Petition stands dismissed reserving liberty to the petitioner to file a fresh writ petition. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.09.2024.
Transmission Date NA