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Patna High CourtMJC/3753/2012disposed

Sambhu Mohan Sinha And ANR v. The State Of Bihar And ORS

2019-09-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3753 of 2012 In Civil Writ Jurisdiction Case No.14981 of 2008 ====================================================== Sambhu Mohan Sinha and Anr ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnesh Nandan Sinha For the Opposite Party/s :

Mr.Jitendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2019 Heard learned counsels for the parties.

The present application has been filed for initiation of contempt proceeding for willful and deliberate violation of order dated 17.8.2011 passed in C.W.J.C. No. 14981 of 2008. The operative portion of the order reads as follows: "This application is disposed of with a direction to the respondent no. 3 to dispose of the representations of the petitioners as contained in Annexure-1 and 2 within a period of two months." Paragraph 11 of the show cause filed on behalf of O.P. No. 7 clearly stipulates that the application of the petitioner has been disposed of. Paragraph 11 of the show cause reads as follows:

"11. That in light of the submission made

Patna High Court MJC No.3753 of 2012(2) dt.18-09-2019 2/2 in foregoing Paragraph of this show cause petition the final decision has already been taken on the application of the petitioner and thus the application of the petitioner is disposed of and the order dated 17.08.2011 passed by this Hon'ble court has been fully complied with and there has not been any deliberate and willful latches or disobedience on the part of dependent and reiterates his unqualified apology and inview of the fact stated in this affidavit may be accepted." In view of the above stand of O.P. No. 7, this Court is not inclined to proceed with this proceeding. However, if the petitioner is, in any way, aggrieved with the decision taken in Case No. 70 of 2012 by the Municipal Commissioner, Begusarai, he is at liberty to challenge the same in an appropriate proceeding.

This application is accordingly disposed of.

(Dinesh Kumar Singh, J) anil/- U