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Patna High CourtMJC/1341/2022dismissed

Sudhir Kumar v. The State Of Bihar

2024-03-22Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1341 of 2022 In Civil Writ Jurisdiction Case No.10323 of 2021 ====================================================== Sudhir Kumar, Son of Yogendra Mandal, Ward No. 13, Near Primary School, Triveniganj P.S. Triverniganj, District - Supaul. ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

Mr. Kaushal Kumar, the District Magistrate, Supaul. 3.

Mr. Mukesh Kumar, the D.D.C. (Deputy Development Commissioner), Cum Chief Executive Officer, Zila Parishad, Supaul. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Rajesh Kumar Sinha, Advocate.

For the State :

Ms. Archana Meenakshee (GP-6).

For the Zila Parishad :

Mr. Nikesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 22-03-2024 The present M.J.C./Contempt petition is filed for non-compliance of the orders of this Court dated 04.03.2022 passed in C.W.J.C. No.10323 of 2021.

2. During the pendency of the present contempt petition and so also prior to disposal of writ petition on 04.03.2022, petitioner's grievance has been redressed on 20.03.2021 and it has been placed on record by means of a show cause. The petitioner has not assailed the communication dated 20.03.2021 in respect of redressing his grievance relating to

Patna High Court MJC No.1341 of 2022 dt.22-03-2024 2/2 certain refund of amount for the period from 01.04.2020 to 31.03.2021.

3. In the absence of challenge to the order dated 20.03.2021 read with the prayer in the original writ petition (C.W.J.C. No.10323 of 2021), we find that the present M.J.C./ Contempt Petition is not maintainable. In fact, the petitioner should have assailed the order dated 20.03.2021 during the pendency of C.W.J.C. No.10323 of 2021 before its disposal on 04.03.2022.

4. Accordingly, the present M.J.C./Contempt Petition is not maintainable. Hence, the present M.J.C./Contempt Petition stands dismissed reserving liberty to the petitioner to question the validity of the order dated 20.03.2021 in filing a separate writ petition.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.03.2024.

Transmission Date NA