Md. Sagiruddin, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3847 of 2019 In Civil Writ Jurisdiction Case No.13197 of 2016 ====================================================== Md. Sagiruddin, Son of Late Ekbal Hussain, Resident of Kagji Muhala, District-Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Shri Deepak Kumar. 2.
Prof. Harikesh Singh, Vice Chancellor, J.P. University, Chapra. 3.
Group Captain Shri Krishnan, Registrar, Jai Prakash University, Chapra. 4.
Dr. B.L. Vinta, The Director, Higher Education, Bihar, Patna. 5.
Mrs. Kusum Kumari Sinha, The Incharge Principal Vidya Bhawan Mahila College, Siwan.
6.
Smt. Chanda Kumari, The then Incharge Principal Vidya Bhawan Mahila College, Siwan.
7.
Smt. Rewa Chakrawarty, The then Reader, Vidya Bhawan Mahila College, Siwan.
8.
Dr. Sobha Sinha, The then Reader, Vidya Bhawan Mahila College, Siwan. 9.
Dr. Braj Bhushan Singh, The Incharge Principal, P.R. College, Sonpur 10.
Dr. Braj Bhushan Singh, Head of Department of Zoology, P.R. College, Sonpur.
11.
Dr. Balendra Prasad Sinha, Head of Department of Philosophy, P.R. College, Sonpur.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha For the Opposite Party/s :
Mr.Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 19-04-2024 The present contempt petition, namely, MJC No. 3847 of 2019 was presented in the month of September, 2019 in respect of non-compliance to the order dated 20.09.2016 passed in CWJC No.13197 of 2016. Section 20 of the Contempt of Court Act, 1971 prohibits filing of the contempt petition beyond one
Patna High Court MJC No.3847 of 2019 dt.19-04-2024 2/2 year limitation. Co-ordinate Bench of this Court has examined various provisions of the contempt of court Act, 1971 as well as Article 215 of constitution and proceed to decide that contempt petition is not maintainable beyond one year from the date of cause of action accrued to the concerned aggrieved party. Accordingly, the present MJC contempt petition stands disposed of as not maintainable in the light of co-ordinate Bench decision 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, reserving liberty to the petitioner to file interlocutory application to revive this order while producing any of the Hon'ble Supreme Court decision as to how to overcome Section 20 of the Contempt of Court, Act, 1971. If such decision is placed on record, we will entertain interlocutory application for revival of this order.
(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2024 Transmission Date NA