Patna High CourtMJC/2157/2014disposed

Lalita Kumari v. The State Of Bihar And ORS

2015-07-06Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2157 of 2014 In Civil Writ Jurisdiction Case No. 17199 of 2013 ====================================================== Lalita Kumari Wife of- Uday Kumar Gupta, Resident of MohallaSundarpur, P.S- Pirpaiti, District- Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar, through Director, Primary Education, State of Bihar, Patna

2. Shri S. Shravanan, Director, Primary Education, State of Bihar, Patna

3. Shri Prem Singh Meena, District Magistrate, Bhagalpur

4. Shri Manihar Alam, Regional Deputy Director of Education, Bhagalpur.

5. Shri Suryadeo Kumar Paswan, District Education Officer, Bhagalpur

6. Shri Subhash Prasad Gupta, District Programme Officer (Establishment) Bhagalpur

7. Smt. Nirmala Mandal, Block Education Officer, Pirpaiti, P.S- Pirpaiti, District-Bhagalpur

8. Smt. Sarita Kumari, Incharge Head Mistress, Kanya Madhya Vidyalaya, Shermari, P.S.- Pirpaiti, District- Bhagalpur .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Md. N. Hoda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 06-07-2015 Heard learned counsel for the parties.

Having regard to the nature of order dated 12.09.2013 passed by this Court in the connected writ petition, C.W.J.C. No. 17199 of 2013 will be very difficult to initiate a proceeding of contempt, especially when the authorities have, rightly or wrongly, passed an order on 10.10.2013 as was observed by this Court in the aforesaid order dated 12.9.2013.

Thus if the petitioner, still feels aggrieved by such an order dated 10.10.2013 his remedy will not be by way of pursuing the

Patna High Court MJC No.2157 of 2014 (2) dt.06-07-2015 contempt application but only by assailing such order before the competent authority/ court.

With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U