Binod Kumar Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2708 of 2018 In Miscellaneous Jurisdiction Case No.4165 of 2016 ====================================================== Binod Kumar Pandey Son of Late Uma Shankar Pandey Resident of Village Baidekori, P.O. Kumhaila, P.S. Charpokhari, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Ram Pravesh Singh son of not known to the petitioner D.E.O. Bhojpur at Ara Town P.S. and P.O. Arrah Town Distt. Bhojpur. 3.

Om Prakash son of not known to the petitioner D.P.O. Establishment at Arrah Town P.O. and P.S. Arrah Town, Distt. Bhojpur. 4.

Surendra Mishra Son of Late Jagarnath Mishra Resident of Village Ashopur P.S. Danapur Distt. Patna.

5.

Sri K K Sinha son of not known to the petitioner Special Director, Secondary Education, State of Bihar, at Vikash Bhawan, P.S. and P.O. Secretariat, District Patna.

6.

Dharmendra Singh Gangwar son of not known to the petitioner Commissioner cum Secretary, Human Resources Development Department at Vikash Bhawan, P.O. and P.S. New Secretariat, District Patna. 7.

Chairman Bihar Sanskrit Sikchha Board at Rajapur Pool Boring Road, District Patna.

8.

Secretary Bihar Sanskrit Sikchha Board at Rajapur Pool Boring Road, District Patna.

9.

District Bhojpur, at Arrah Town P.O. and P.S. Arrah Town, District Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Anand, Advocate For the Opposite Party/s :

Mr. Smt. Shilpa Singh - Ga 12, Advocate For the State :

Mr. Apurva Kumar, Advocate For the Sanskrit :

Mr. Satyam Shivam Sundram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-07-2024 The present contempt petition is barred by limitation in view of the fact that the subject matter of non-compliance of

Patna High Court MJC No.2708 of 2018(2) dt.22-07-2024 2/2 order dated 21.09.2016 passed in M.J.C. No. 1629 of 2007 whereas the present M.J.C. is filed in the month of July 2018. Firstly, there is no provision for filing one M.J.C. after the another M.J.C.. In the absence of reserving liberty to the party to file fresh M.J.C., such liberty is not provided while deciding M.J.C. No. 1629 of 2007 dated 21.09.2016.

2. Be that as it may, there is a delay of more than one year. Co-ordinate Bench in the case of Dr. Rajesh Kr. Sinha and Others vs. Union of India passed in MJC No. 1840 of 2023 in CWJC No. 13888 of 2016 elaborately considered Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution in respect of maintainability of contempt petition beyond one year. Therefore, the present M.J.C stands dismissed as not maintainable reserving liberty to the petitioner to invoke writ jurisdiction, in accordance with law. (P. B. Bajanthri, J) (G. Anupama Chakravarthy, J) Manish/GauravU