Kapildeo Prasad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1329 of 2014 IN Miscellaneous Jurisdiction Case No. 2825 of 2013 =========================================

1. Kapildeo Prasad son of Late Sadashiv Prasad, resident of village/Mohalla- Rampur Baignabad, Bihar Sharif, P.S.- Bihar, District- Nalanda

2. Prabhat Kumar Choudhary, son of Sri Rajendra Prasad, resident of village/Mohalla- Rampur Baignabad, Bihar Sharif, P.S.- Bihar, District- Nalanda .... .... Appellants

Versus

1. The State of Bihar

2. The District Magistrate, Nalanda

3. The Circle Officer, Bihar Sharif, Nalanda

4. The Principal of Allama Iqbal College, Bihar Sharif, Nalanda .... .... Respondents ========================================= Appearance :

For the Appellant/s : Mr. Kumar Malendu, Advocate For the Respondent/s : Mr. Amit Bhushan, AC to GP-17 ========================================= CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 26-04-2017 Heard learned counsel for the appellant and learned counsel for the State.

The Letters Patent Appeal is dismissed because the appellant cannot become the Judge whether a contempt has been committed by a person or authority or not.

The discretion in this regard does lie with the

Patna High Court LPA No.1329 of 2014 dt.26-04-2017 Judge who is the best Judge with regard to the directions issued by him and whether there is willful violation. In addition to that an objection is also taken by the State, based on a recent Division Bench decision of this Court in the case of Rajesh Kumar Vs. State of Bihar since reported in 2016(4) PLJR 329; that the appeal is not maintainable.

Be that as it may, this appeal stands dismissed.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) Rajeev/- U