Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1960 of 2022 In Civil Writ Jurisdiction Case No.7854 of 2020 ====================================================== 1.

Sunil Kumar Son of Sri Parshuram Thakur, Resident of Idrapuri, BMP- 7, P.S.- Sahayak Nagar, District- Katihar- 854106. 2.

Chandan Kumar Son of Sri Bhagendra Prasad, Resident of Bara Bariyarpur, P.S.- Chhautani, District- East Champaran. 845401 3.

Prakash Kumar Upadhayay Son of Sri Dharam Raj Kishore Upadhayay, Resident of Village- Jarhan, P.S.- Tilouthu, District- Rohtas- 821312 4.

Basant Kumar Jha Son of Sri Bachaneshwar Jha, Resident of VillageLalganj, P.S.- Bihra, District- Saharsa- 852124 5.

Krishna Kumar Son of Sri Ram Nandan Prasad, Resident of VillageMohanpur Bairiya, P.S.- Bibhutipur, District- Samastipur- 848211. ... ... Petitioner/s

Versus

1.

The State of Bihar Mr. Pratay Amrit, Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

Dr. Rakesh Chandra Sahay, The Director-in-Chief (Administration) Health Services, Government of Bihar, Patna.

3.

Mr. Abhay Kumar Singh, Secretary, Bihar State Staff Selection Commission, Veterinary College Campus, Patna-14 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arup Kumar Chongdar, Adv.

For the Opposite Party/s :

Mr.S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 For the BSSC :

Mr. Satyabir Bharti, Adv.

Mr. Kanupriya, Adv.

Mr. Abhishek Ananad, Adv.

Ms. Shushmita Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-12-2023 Though the present petition has been filed complaining about violation of the order of this Court dated 24.6.2021, passed in CWJC No. 7854 of 2020, however, the learned counsel for the opposite parties has, at the outset, submitted that the aforesaid order dated 24.6.2021 was passed

Patna High Court MJC No.1960 of 2022(3) dt.15-12-2023 2/2 relying on a judgment dated 3.3.2021, passed by a coordinate Bench of this Court in CWJC No. 6761 of 2020 (Sudisht Kumar Mahato vs. State of Bihar & Ors.) and other analogous cases, nonetheless, the same was challenged in appeal by the Bihar Staff Selection Commission, Patna, by filing LPA No. 374 of 2021 and the learned Division Bench of this Court, by a judgment dated 6.12.2023, has allowed the aforesaid appeal, hence, nothing survives for consideration in the present contempt petition.

2.

Having regard to the aforesaid submissions made by the learned counsel for the contemnors, not refuted by the learned counsel for the petitioners, this Court finds that the present contempt petition has been rendered infructuous during the interregnum period, hence, the same stands dismissed. (Mohit Kumar Shah, J) Ajay/- U