Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2512 of 2019 In Civil Writ Jurisdiction Case No.19030 of 2016 ====================================================== Anil Kumar, aged about 65 years, Gender: Male, Son of Late Ishwer Sharan Lal, Resident of 54 (A) Anandpuri, West Boring Canal Road, P.S. Sri Krishnapuri, Town and District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Deepak Kumar, The chief Secretary Government of Bihar, Patna.

2.

Dr. Partima, Secretary, Commercial Taxes, Government of Bihar, Patna. 3.

Mr. Rajesh Gupta, the then Additional Department Enquiry Commissioner, cum Enquiring Officer, Govt. of Bihar, Patna. 4.

Mr. Janak Ram, Under Secretary, Commercial Taxes, Government of Bihar, Patna.

5.

Dr. Nilotpal Goswami, Principal Accountant General Bihar, Veer Chand Patel Path, Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Ms. Kumari Seema, Adv.

For the State :

Mr. Manish Kumar AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present petition has been filed for initiating a contempt proceeding against the above named contemnorsopposite parties for willful disobedience of the order dated 28-02-2019, passed by this Court in C.W.J.C. No. 19030 of

3. The Court, while deciding the writ petition, had allowed the opposite parties an option of proceeding against the

Patna High Court MJC No.2512 of 2019(3) dt.02-11-2022 2/2 petitioner afresh after considering his claim for documents which he had requested. The order was with a rider that if they propose to proceed against the petitioner, the same would be required to be done within a period of three (03) months.

4. The learned counsel for the petitioner does not dispute the fact and admits in his reply to the show cause that the order of the Court was received in the Department on 20-032019 and that on 11-06-2019 the documents were forwarded to the petitioner through speed post.

5. Since the Authority have acted well within time for initiating process afresh and the fact is not disputed, no case is made out for contempt.

6. The contempt petition is dismissed.

(Madhuresh Prasad, J) shyambihari/- U