Patna High CourtMJC/2161/2006disposed

Shambhu Nath Jha v. State Of Bihar And ORS

2017-11-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2254 of 2000 ====================================================== Shambhu Nath Jha, son of Hari Shankar Jha dead, resident of Village Gorapur (Marachi), P.S. Mansoor Chak, District- Begusarai ... ... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Harjot Kaur, District Collector, Begusarai, P.S. Begusarai, DistrictBegusarai

3. Sri Upendra Sharma, Additional Collector (Ceiling) Begusarai, P.S. Begusarai, District- Begusarai

3. Sri Durgesh Nandan, D.C.L.R. Teghra, P.S. Teghra, District- Begusarai.

5. Sri Gagan, Circle Officer, Bachhwara, P.S. Teghra, District- Begusarai

6. Smt. Mahalaxmi Devi, wife of Krishna Deo Jha, resident of Village Barmotra, P.S. Pandaul, District- Madhubani

7. Uma Shankar Jha,

8. Rama Shankar Jha, sons of Hari Shankar Jha, both resident of Village Gorapur (Maranchi) P.S. Mansoor Chak, District- Begusarai

9. Smt. Kamini Devi, wife of Punya Nand Jha, resident of Village Brahmpura, P.S. Manigachi, Dist Darbhanga

10. Devendra Singh, son of Surya Narain Singh, resident of Village Naipur Bahrampur, P.S. Bachhwara, Dist. Begusarai ... ... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No. 2161 of 2006 ====================================================== Shambhu Nath Jha, son of Hari Shankar Jha, resident of Village- Gorapur (Maranchi), Mansoorchak, District- Begusarai ... ... Petitioner/s

Versus

Patna High Court MJC No.2254 of 2000(7) dt.28-11-2017 2/3

1. The State of Bihar

2. Smt. Mahalaxmi Devi, wife of Krishnadeo Jha, resident of VillageBarmotra, P.S. Pandaul, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Advocate Ms. Anju Kumari, Advocate Mr. Anant Kumar Sinha, Advocate Mr. Umesh Kumar Roy, Advocate Mr. Alok Ranjan, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2017 Inter alia contending that an interlocutory order of status quo passed by a Bench of this Court in a pending writ petition C.W.J.C. No. 3025 of 1993 has been violated, these contempt applications have been filed.

The applications are pending since 2000/2006 and till date even cognizance of the issue has not been taken. In M.J.C. No. 2161 of 2006 the respondents have also filed showcause refuting the aforesaid contention pointing out that no contempt has been committed.

Considering the fact that the contempt is of an interlocutory order of status quo and the main writ petition is

Patna High Court MJC No.2254 of 2000(7) dt.28-11-2017 3/3 still pending consideration before the appropriate Single Bench, we are not inclined to proceed with the contempt now at this stage after more than 17 years. In case the petitioners have any grievance with regard to the interim order passed, they are granted liberty to file an interlocutory application in the pending writ petition and seek further direction in the pending writ petition.

With the aforesaid, finding no case made out for initiating action for contempt, the applications stand disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.