Mohamad Quasim v. Sri Deepak Kumar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3860 of 2019 In Letters Patent Appeal No.300 of 2000 ====================================================== Mohamad Quasim Son of Md. Hashim, Resident of Basera, Jamun Gali, Mohalla-Sabji Bagh, P.O. and P.S. Bankipore, Town and District-Patna800004 ... ... Petitioner.

Versus

1.

Sri Deepak Kumar, Chief Secretary, State of Bihar, Patna. 2.

Sri Anand Kishore, Commissioner, Patna Division, Patna. 3.

Sri Kumar Ravi, Collector-Cum-District Magistrate, Patna. 4.

Mrs. Garima Malick, Senior Superintendent of Police, Patna. 5.

Sri Amit Kumar Pandey, Chief Executive Officer, Patna Municipal Commissioner, Patna.

6.

Sri Shailesh Kumar, Executive Officer, Patna Municipal Corporation, Patna. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Kumar, Advocate.

For the PMC :

Mr. Bindhyachal Singh, Senior Advocate.

Mr. Prasoon Sinha, Advocate.

Mr. Vipin Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 31-10-2023 In the instant M.J.C./Contempt Petition, the petitioner has prayed for the following relief(s):

"To initiate a proceeding of contempt against the respondents who are the authorities of the State Government and its agency for violation of the order/judgment and direction of this Hon'ble Court as contained in the judgment dated 3rd December, 1999

Patna High Court MJC No.3860 of 2019(3) dt.31-10-2023 2/3 passed by this Court in C.W.J.C.

No.10847/1995 duly affirmed by the judgment of the Division Bench of this Court dated 28th March, 2008 in L.P.A.

No.286/2000 and 30 analogous Appeals including L.P.A. No.300/2000 arising out of C.W.J.C. No.10847/1995."

2. The present M.J.C./Contempt Petition is filed in the year 2019 insofar as non-compliance to the order dated 28.03.2008 passed in L.P.A. No.286 of 2000 and other analogous Appeals including L.P.A. No.300 of 2000 arising out of C.W.J.C. No.10847 of 1995.

3. Prima facie, the present M.J.C./Contempt Petition is highly belated. Therefore, Section 20 of the Contempt of Courts Act would come into picture insofar as entertaining the present M.J.C./Contempt Petition. Recently we have held it in M.J.C. No.1840 of 2023 (Dr. Rajesh Kumar Sinha and others Vs. The Union of India and others) and detailed order has been passed on 24.07.2023 insofar as delay in filing the M.J.C./Contempt Petition.

4. In the light of our earlier order, the present M.J.C./Contempt Petition stands dismissed on the ground of delay reserving liberty to the petitioner to invoke remedy under

Patna High Court MJC No.3860 of 2019(3) dt.31-10-2023 3/3 Article 226 of the Constitution of India, if fresh cause of action accrues to him.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) P.S./- U