Sarjug Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.546 of 2014 In Miscellaneous Jurisdiction Case No. 4901 of 2012 ====================================================== Sarjug Choudhary, son of Late Chhatan Choudhary, resident of Mandraj Bigha, P.S. - Delha, District - Gaya.

.... .... Appellants

Versus

1. The State of Bihar, through the Chie Secretary, Bihar.

2. The Commissioner-cum-Secretary, Bihar, Patna.

3. The District Magistrate, Gaya.

4. The Deputy Collector, Establishment, Gaya.

5. The Treasury Officer, Gaya.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 6.

25-07-2016 We are of the view that in terms of Section 19 of the Contempt of Courts Act, 1961 (in short the "Act") and the judgment of the Apex Court in the case of D.N. Taneja vs. Bhajan Lal since reported in (1988) 3 SCC 26; this Miscellaneous Appeal is not maintainable and is misconceived as such.

The Apex Court has further noted that, once if remedy under Section 19(1) of the Act is not available, then, no appeal under any other provision can be preferred, and the only remedy would be an appeal in terms of Article 136 of the Constitution to the Apex Court.

Patna High Court MA No.546 of 2014 (6) dt.25-07-2016 2 / 2 Thus, in our view, this Miscellaneous Appeal is not maintainable nor permission to convert into Letters Patent Appeal can be granted.

This appeal is, accordingly, dismissed as not maintainable.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/- U