Ashok Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2943 of 2019 In Civil Writ Jurisdiction Case No.11196 of 2013 ====================================================== Ashok Kumar Singh, Son of Arjun Singh, Resident of Village and P.O. and P.S. Brahmpur, District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home, Government of Bihar, Old Secretariat, Patna.

2.

Mr. Amir Subhani, Son of not known, Principal Secretary, Home, Government of Bihar, Old Secretariat, Patna.

3.

Mr. Gupteshwar Pandey Son of not known, Director General of Police, Home, Government of Bihar, Old Secretariat, Patna. 4.

Mr. Raghvendra Singh, Son of not known, District Magistrate, Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Deepika Sharma, Adv.

Mr. Rajat Tiwary, Adv.

For the Opposite Party/s :

Mr. Suman Kr. Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2024 Heard Ms. Deepika Sharma, learned counsel for the petitioner and Mr. Suman Kumar Jha, learned State Counsel.

2. The present writ petition has been preferred for the following relief(s):

" for initiation of the proceedings under the provisions of the Contempt of Court's Act, 1971 against the Opposite parties for their willful and deliberate disobedience shown in compliance of the order dated 21.09.2015 passed in CWJC No.11196 of 2013 (Ashok Kumar Singh Vs.

State of Bihar & Ors.) by Hon'ble Mr.

Patna High Court MJC No.2943 of 2019(2) dt.26-09-2024 2/3 Justice Dr. Ravi Ranjan, whereby and where under the Hon'ble Court has allowed the writ application and has been pleased to quash and set aside the order of the Opposite Party No. 4 i.e, District Magistrate, Buxar. Further, also remitted back the matter before the licensing authority with a direction to take a fresh decision in accordance with law within three months from the date of receipt/production of a copy of this order."

3. A show cause on behalf of the opposite party no. 4 has come by which the Misc. Case No. 516 of 2006 and 517 of 2006 (Ashok Kumar Singh Vs. State of Bihar) has been rejected by their District Magistrate, Buxar on 28.10.2021 itself.

4. It is unfortunate that a decision was taken in the year 2021 but the copy was not provided/communicated to the petitioner, as a result whereof, his contempt petition remained pending before this Court for the last three years.

5. In that background, on the submission of the learned counsel for the petitioner, MJC No. 2943 of 2019 stands disposed of, granting liberty to the petitioner to file writ petition challenging the said order.

6. Learned counsel for the petitioner submits that she

Patna High Court MJC No.2943 of 2019(2) dt.26-09-2024 3/3 will be raising all the points before the writ Court to show that how the matter has remained pending since the year 2006 and it was a deliberate attempt to reject the claim in the year 2021 on the basis of the rules that came into existence in the year 2016. (Rajiv Roy, J) Vijay Singh/- U