Santosh Kumar @ Santosh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2178 of 2021 In Civil Writ Jurisdiction Case No.7525 of 2020 ====================================================== Santosh Kumar @ Santosh Kumar Gupta S/o - Surendra Prasad R/O - Bara Bazar Motipur, Fariya Patti, Nagar Panchayat, Motipur, Ward No. -7, Bakhari P.S. - Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate (D.M.), namely Sri Pranav Kumar, District- Muzaffarpur.

2.

The Principal Secretary, Urban Development Department Government of Bihar namely Sri Anand Kishor.

3.

The Executive Officer, Nagar Panchayat, Motipur namely Sri Vijaysheel Gautam, District - Muzaffarpur.

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Yogendra Prasad Sinha (AAG-7) For the O.P. No. 3 : Mr. Harshvardhan Shivsundaram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 29-08-2023 None appears for the petitioner.

2. The present M.J.C. - contempt petition is filed due to non-compliance of the order dated 12.07.2021 passed in C.W.J.C. No. 7525 of 2020 read with the petitioner's representation dated 30.07.2021. Though the respondents have not complied the orders of this Court in complying within three months from the date of petitioner's representation, however, petitioner's grievance has been considered and an order was

Patna High Court MJC No.2178 of 2021(3) dt.29-08-2023 2/2 passed on 08.02.2022.

3. The petitioner is disputing the compliance order dated 08.02.2022. The same cannot be appreciated, for the reasons that limited direction of this Court is to submit representation and thereafter, the concerned authority was required to consider the grievance of the petitioner stated in the representation. If the petitioner is aggrieved by the order dated 08.02.2022, he has a separate and fresh cause of action.

4. Accordingly, the present M.J.C. - contempt petition stands dropped, reserving liberty to the petitioner to assail the order dated 08.02.2022, in accordance with law. (P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U