Kameshwar Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1406 of 2015 In Civil Writ Jurisdiction Case No. 2422 of 2014 ======================================================
1. Dharmendra Kumar, son of Chhote Lal Rai @ Chhote Lal Yadav, Resident of village- Khajuriya, P.S.- Sihwalia, District- Gopalganj (Bihar)
2. Shiv Shanker Pd. Yadav, son of Gautam Yadav, Resident of villageKhajuriya, P.S.- Sidhwalia, District- Gopalganj (Bihar)
3. Ram Ayodhya Sah son of Late Yogendra Sah, R/o Village- Karasghat, P.S.- Mohammedpur, District- Gopalganj (Bihar)
4. Arvind Kumar Thakur, son of Hirdeyanand Thakur, R/o VillagePanchrukhiya, P.S.- Barauli, District- Gopalganj (Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar through Anjani Kumar Singh, the Chief Secretary Govt. of Bihar, Patna
2. Shri R. K. Mahajan, The Principal Secretary, Health Department, Govt. of Bihar, Patna
3. Sri Dharmendra Singh Gangwar, the Principal Secretary, General Administration Department, Govt. of Bihar, Patna null null
4. Sri Surendra Prasad, the Director - in - Chief, Health Services, Govt. of Bihar, Patna
5. Shri Basistha Singh, the Deputy Secretary, General Administration Department, Govt. of Bihar, Patna
6. Shri Basistha Singh, the Deputy Secretary, General Administration Department, Govt. of Bihar, Patna
7. Shri Upendra Kumar, the Commissioner, Saran Division at Chapra
8. Shri Krishna Mohan, the District Magistrate, Gopalganj
9. Shri Shashi Bhushan Pathak, the Additional Director cum Chief Malaria Officer, Swasth Bhawan, Sultanganj, Patna
10. Chandrika Sah, the District Malaria Officer, Gopalganj .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1405 of 2015 IN Civil Writ Jurisdiction Case No. 2510 of 2014 ======================================================
1. Kameshwar Prasad son of Kashinath Chaudhary, resident of Village Pachrukhiya, P.S.- Barauli, District- Gopalganj ( Bihar)
2. Baleshwar Prasad, son of Keshwar Chaudhary, R/O Village Pachrukhiya, P.S.- Barauli, District- Gopalganj (Bihar)
3. Shiv Nath Prasad, son of Shri Bhola Prasad, R/O Village- Mohammadpur (Pakawa Innar), P.S.- Barauli, District- Gopalganj ( Bihar)
4. Vijay Kumar Tiwary, son of Basistha Tiwary, R/O Village Pet Biraicha, P.S . Barauli, District Gopalganj ( Bihar)
5. Ram Sevak Manjhi, son of Shri Rupa Manjhi, at & P.O.- Batardeh, P.S.- Barauli, District- Gopalganj, (Bihar)
6. Binod Kumar @ Binod Kumar Sah, son of Laldeo Sah, at & P.O. Bishunpura Bazar , P.S.- Sidhwaliya, District- Gopalganj ( Bihar)
Patna High Court MJC No.1406 of 2015 (8) dt.25-10-2018 .... .... Petitioner/s
Versus
1. The State of Bihar through the Anjani Kumar Singh, Chief Secretary Govt. of Bihar, Patna
2. Shri R. K. Mahajan, The Principal Secretary, Health Department, Govt. of Bihar, Patna
3. Shri Dharmendra Singh Gangwar, the Principal Secretary, General Administration Department, Govt. of Bihar, Patna
4. Shri Surendra Prasad, the Director - in - Chief, Health Services, Govt. of Bihar, Patna
5. Shri Basistha Singh, the Deputy Secretary, General Administration Department, Govt. of Bihar, Patna
6. Shri Basistha Singh, the Dy. Deputy Secretary, General Administration Department, Govt. of Bihar, Patn a
7. Shri Upendra Kumar, the Commissioner, Saran Division at Chapra
8. Shri Krishna Mohan, the District Magistrate, Gopalganj
9. Shri Shashi Bhushan Pathak, the Additional Director cum Chief Malaria Officer, Swasth Bhawan, Sultanganj, Patna
10. Shri Chandrika Sah, the District Malaria Officer, Gopalganj .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shafiur Rahman, Advocate Mr. Prabhat Kr. Singh, Advocate For the Respondent/s : Mr.Ram Subhas Singh, A.C. to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 8.
25-10-2018 Heard learned counsel for the petitioners and learned counsel representing the State.
State has come out with a show cause enclosing therewith a copy of the order as contained in Annexure-A said to have been passed on 21.08.2018, whereby the claim of the petitioner has been rejected.
Since the learned writ court has not adjudicated any of the issues involved in the matter, this court is unable to accept or accede to the submission of learned counsel for the
Patna High Court MJC No.1406 of 2015 (8) dt.25-10-2018 petitioners to go into the merit of the reasons shown in the order passed by the authorities. If the petitioners are aggrieved by the order, they may bring an appropriate application, as may be advised.
So far as this contempt application is concerned, it cannot proceed and is disposed off accordingly with the liberty to the petitioners.
(Rajeev Ranjan Prasad, J) Rajeev/- U