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Patna High CourtMJC/1748/2022disposed

Prem Prakash Sah v. The State Of Bihar

2023-02-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1748 of 2022 In Civil Writ Jurisdiction Case No.7013 of 2021 ====================================================== 1.

Prem Prakash Sah son of Om Prakash Sah, resident of Mohalla- Shiva Hardware/Paints Corner, Anand Chiktisalaya, near Shitla Mandir, Post Office- Sujaganj, Police Station- Kotwali, District- Bhagalpur, Permanent resident of Durga Mandir Road, Police Station- Naugachia, DistrictNaugachia. 2.

Om Prakash Saha, Son of Late Banarasi Lal Sah, resident of Mohalla- Shiva Hardware/Paints Corner, Anand Chiktisalaya, near Shitla Mandir, Post Office- Sujaganj, Police Station- Kotwali, District- Bhagalpur, Permanent resident of Durga Mandir Road, Police Station- Naugachia, DistrictNaugachia. 3.

Surya Prakash Sah, Son of Om Prakash Sah, resident of Mohalla- Shiva Hardware/Paints Corner, Anand Chiktisalaya, near Shitla Mandir, Post Office- Sujaganj, Police Station- Kotwali, District- Bhagalpur, Permanent resident of Durga Mandir Road, Police Station- Naugachia, DistrictNaugachia. 4.

Archana Devi, Wife of Surya Prakash Sah, resident of Mohalla- Shiva Hardware/Paints Corner, Anand Chiktisalaya, near Shitla Mandir, Post Office- Sujaganj, Police Station- Kotwali, District- Bhagalpur, Permanent resident of Durga Mandir Road, Police Station- Naugachia, DistrictNaugachia. 5.

Chandani Prakash Sah, wife of Prem Prakash Sah, resident of MohallaShiva Hardware/Paints Corner, Anand Chiktisalaya, near Shitla Mandir, Post Office- Sujaganj, Police Station- Kotwali, District- Bhagalpur, Permanent resident of Durga Mandir Road, Police Station- Naugachia, DistrictNaugachia. 6.

Chandana Saha, Wife of Om Prakash Saha, resident of Mohalla- Shiva Hardware/Paints Corner, Anand Chiktisalaya, near Shitla Mandir, Post Office- Sujaganj, Police Station- Kotwali, District- Bhagalpur, Permanent resident of Durga Mandir Road, Police Station- Naugachia, DistrictNaugachia. ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Anand Kishor, the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Vikash Bhawan, Bailey Road, Patna.

2.

Mr. Dhananjay Kumar, the Sub- Divisional Officer, Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Kumar Jain For the Opposite Party/s :

Mr.Yogendra Prasad Sinha (Aag 7) ======================================================

Patna High Court MJC No.1748 of 2022(4) dt.01-02-2023 2/2 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2023 The CWJC No. 7013 of 2021 was disposed of by an order dated 29.04.2021 with the following directions:- "Considering the facts and circumstances of the case, it is deemed fit and proper to direct the Sub Divisional magistrate to pass appropriate orders in the light of the order passed by the Additional District and Sessions Judge-XII, Bhagalpur, dated 22.12.2020 within a period of two months."

There does not appear to be any dispute as on date that an order has been passed by the Sub Divisional Magistrate, Bhagalpur, in compliance of the said order, though recently. Learned counsel for the petitioner has argued that the said order is legal and not sustainable. The said aspect cannot be gone into a contempt proceeding. The petitioner shall have liberty to assail the said order before the appropriate authority/forum in accordance with law.

(Chakradhari Sharan Singh, J) anand/- U