Md. Shamim Akhtar, v. Awadhesh Kumar Singh,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2170 of 2021 In Civil Writ Jurisdiction Case No.4975 of 2020 ====================================================== 1.

Md. Shamim Akhtar, S/o Md. Jamil Akhtar, R/o Vill and Post Ekwal Hasan Road, Brahampura, Post-MIT Brahampura, Prakhand Mshhari, Distt. Mujaffarpur, Bihar-847103.

2.

Shekhar Kumar Gupta, S/o Shri Ganga Kumar Gupta, R/o Vill and Post Ishipur, Thana Ishipur, Prakhand Peerpanti, Anumandal-Kahal Gaon, Distt. Bhagalpur, Bihar.

3.

Santosh Kumar Sharma, S/o Shri Siya Ram Sharma, R/o Vill and Post Pohadi, Benipur, Darbhanga, Bihar-847103.

... ... Petitioner/s

Versus

1.

Awadhesh Kumar Singh, District Education Officer East Champaran, Mw 25 +66G, Belisarai, Motihari, Bihar-845401.

2.

Sanjay Kumar Singh, District Education Officer Bhagalpur, having its office at 6 QW2 + F2W, Dilgouri, Sultanganj, Bihar-813213. 3.

Mahesh Prasad Singh, District Education Officer Darbhanga Station Road, Near Latheriasarai Tower Chowk, Benta, Laheriasarai, Darbhanga, Bihar846001. 4.

Shri Amrendra Kumar Singh, Director Primary Education, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

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

For the Petitioner/s :

Mr. Sugandha Prasad, Advocate For the Opposite Party/s :

Smt. Shilpa Singh, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 23-11-2023 The present M.J.C. is arising out of C.W.J.C. No. 4975 of 2020. Three petitioners were not party to the C.W.J.C. No. 4975 of 2020 and it was filed by the National Federation of the Blind, Bihar Branch.

Patna High Court MJC No.2170 of 2021(4) dt.23-11-2023 2/3

2. The National Federation of the Blind, Bihar Branch filed M.J.C. No. 525 of 2021 for non-compliance of order dated 03.06.2021 passed in C.W.J.C. No. 4975 of 2020. MJC No. 525 of 2021 - contempt petition was held to be infructuous to that extent an order was passed on 24.07.2023. Order dated 24.07.2023 passed in M.J.C. No. 525 of 2021 reads as under: "1. Learned counsel for the respective parties submitted that orders of this Court stated to have been complied.

2. Accordingly, the present petition stands disposed of as it has become infructuous."

3. In the present MJC, petitioners are third party to the present MJC -contempt petition. When the original contempt petition - MJC No. 525 of 2021, who are the petitioners in C.W.J.C. No. 4975 of 2020 and it was disposed of as it has become infructuous in view of latter development. The present MJC cannot be entertained as on today.

4. Accordingly, the present MJC stands dropped. Dropping of the present MJC would not be a hurdle for the petitioner to invoke writ jurisdiction or any other remedy, which is available to each of the petitioner in the light of various orders stated to have been passed by the official respondent in the light

Patna High Court MJC No.2170 of 2021(4) dt.23-11-2023 3/3 of the order dated 24.07.2023 passed in MJC No. 525 of 2021 and also show cause filed in the present petition on behalf of the respondents.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) manish/- U