Shanti Devi v. The State Of Bihar Through Sri Anshul Agarwal The District Magistrate, Buxar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3528 of 2024 In Civil Writ Jurisdiction Case No.3104 of 2021 ====================================================== Shanti Devi Wife of Late Kedar Nath Goswami, Resident of VillageBrahampur, P.O.-Brahampur, District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Anshul Agarwal the District Magistrate, Buxar Buxar.

2.

The Bihar State Power Holding Company Limited through Sri Pankaj Kumar Pal the Chief Managing Director.

3.

The Power Grid Corporation of India Limited through its General Manager, ER-1, Head Office, Shastri Nagar, Patna, Bihar. 4.

Sri Mahesh Chandra Tiwari, the Managing Director, Bihar Grid Power Corporation, Alankar Place, Boring Road, Patna. 5.

Sri Mahendra Kumar, the Managing Director, South Bihar Power Distribution Company Limited.

6.

Rakesh Kumar Dubey, the Electric Executive Engineer, Dumraon, Buxar Division.

7.

Rakesh Kumar, the SDO, Dumraon, Buxar.

8.

Smt. Khushbu Khatoon, the Circle Officer, Brahampur, Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rajesh Kumar Sharma, Adv.

For SBPDCL : Dr. Anand Kumar, Adv.

Mr. Rajan Prakash, Adv.

For the Power Grid Corp. of India Ltd. : Mr. Arbind Kumar Singh, Adv. For the Respondent : Mr. Sriram Krishna, Adv. (For Bihar Grid) Mr. Prabhat Kumar Singh, Adv.

Mr. Shashank Shekhar Kumar, Adv.

Mr. Ranjay Kumar Singh AC to SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 18-04-2025 The present M.J.C. Contempt has been filed in the

Patna High Court MJC No.3528 of 2024 dt.18-04-2025 2/3 year 2024 insofar as non compliance of the orders of the Coordinate Bench dated 14.12.2021, passed in C.W.J.C. No. 3104 of 2021.

2. On 14.12.2021, while disposing C.W.J.C. No. 3104 of 2021, co-ordinate Bench directed the petitioner to approach the concerned authority within a period of four weeks while submitting representation. Petitioner had filed representation on 10.01.2022. Thereafter, the concerned authority was required to comply in passing a reasoned and speaking order within a period of two months. Two months have lapsed on 09.03.2022. Cause of action accrued for filing Contempt petition was on 09.03.2022 and one year had lapsed on 08.03.2023, whereas the present Contempt is filed in the year 2024 that is more than one year delay in filing. Resultantly, Contempt Petition cannot be entertained in the light of Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution. Co-ordinate Bench in case of Dr. Rajesh Kumar Sinha and others Vs. The Union of India and others (M.J.C. No. 1840 of 2023) elaborately considered the aforementioned provisions and

Patna High Court MJC No.3528 of 2024 dt.18-04-2025 3/3 proceeded to dismiss the Contempt Petition on the ground of delay. The Hon'ble Supreme Court in the case of S. Tirupathi Rao vs. M. Lingamaiah & others decided on 22nd of july, 2024 (2024 scc online sc 1764) in which Contempt Petition was dismissed on the ground of delay.

3. Taking note of these facts and circumstances, petitioner has not made out a case so as to entertain the present Contempt Petition beyond one year from the date of cause of action accrued to him.

4. Accordingly, the present Contempt Petition stands dismissed reserving liberty to the petitioner to invoke such other remedy which is available to him/her.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Nirajkrs/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2025 Transmission Date NA