Patna High CourtMJC/2371/2014disposed

Zinat Aara @ Zeenat Ara v. The State Of Bihar And ORS

2015-01-28Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2371 of 2014 IN Civil Writ Jurisdiction Case No. 4560 of 2007 =========================================================== Zinat Aara @ Zeenat Ara, D/o Dr. A. Wahab, Resident of Model Colony, P.O. and P.S.-Anandpur, District-Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar through Mr. Anjani Kumar Singh, the Chief Secretary, Govt. of Bihar, Patna.

2. Mr. R.K. Mahajan, S/o not known to the petitioner at present posted as Principal Secretary, Education Department Govt. of Bihar, New Secretariat, Patna.

3. Mr. R.S. Singh, S/o not known to the petitioner at present posted as Director (Primary Education), Govt. of Bihar, Patna.

4. Mr. A.K. Pandaya, S/o not known to the petitioner at present posted as Director (Research and Training), Education Department, Govt. of Bihar, Patna. .... .... Opposite Parties.

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

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Parties : Mr. DEVENDRA KR. SINHA, A.A.G.2. =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 28-01-2015 Order under contempt dated 24.10.2011 passed in C.W.J.C. No. 4560 of 2007 has been challenged by the State respondents in L.P.A. No. 1241 of 2014 with a prayer to condone the delay in filing the appeal. It appears from perusal of Order No. 2 dated 11.09.2014 passed in said appeal that notice has been issued not only on the limitation matter but also in admission. In the circumstances, there appears to be a cloud

Patna High Court MJC No.2371 of 2014 dt.28-01-2015 over the order passed by the Writ Court under contempt. In the circumstances, I dispose of the contempt application as it is undertaken by the State respondents that if the order of the High Court under contempt will become final, they will have no option but to comply the same. In this connection, before parting with this order, I may further observe that once L.P.A. is disposed of and if thereafter within reasonable time the State does not approach the Supreme Court, the contempt petitioner will have the liberty to file a short contempt petition with liberty to mention.

(V.N. Sinha, J) P.K.P.

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