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Patna High CourtMJC/2489/2023disposed

Prabhakar Kumar Sharma v. The State Of Bihar

2024-04-25Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2489 of 2023 In Letters Patent Appeal No.1121 of 2012 ====================================================== Prabhakar Kumar Sharma, son of Late Ramadhar Sharma, Resident of village-Jihuli, P.S.-Patahi, District-East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Shri Pankaj Kumar (IAS) Director, Primary Education, Bihar, Patna.

3. Shri Rajesh Jorwar District Magistrate, East Champaran, Motihari

4. Shri Sanjay Kumar District Superintendent of Education, East Champaran, Motihari.

5. Shri Sanjay Kumar, District Education officer, East Champaran, Motihari. 6 Shri Sahib Alam, District Education Establishment Committee, East Champaran, Motihari Through its chairman, District Magistrate, East Champaran, Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Sarvesh Kumar Singh (AAG 13) : Mr. Rajat Kumar Tiwary (AC to AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 25-04-2024 The present MJC is filed for non-compliance of the order dated 05.11.2015 passed in LPA No. 1121/2012 in the year 2023. The present contempt petition is not maintainable, in the light of Section 20 of the Contempt of Court Act, 1971 read with the Co-ordinate Bench decision of this Court in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors bearing M.J.C. No.1840 of 2023 in C.W.J.C. No. 13888 of 2016.

Patna High Court MJC No.2489 of 2023(5) dt.25-04-2024 2/2

2. Be that as it may, the learned counsel for the respondent on instruction submitted that the orders of this Court has been complied on 08.02.2016. The petitioner is at liberty to question the validity of the respondent's action 08.02.2016, if he so advised and in accordance with law.

3. Accordingly, the present MJC stands dropped. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/- U