Krishna Nand Jha v. Mr. Pratya Amrit

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2480 of 2022 In Letters Patent Appeal No.557 of 2010 ====================================================== Krishna Nand Jha son of late Beda Nand Jha Resident of village- Parwaha, Police Station- Forbesganj, District- Araria, at presently reside at Kailashpuri, Ward No. 9, Post office and Police Station- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

Mr. Pratya Amrit son of not known to the petitioner the Principal Secretary, Department of Health, Govt. of Bihar, Patna.

2.

Mr. Rakesh Chandra Sahay Verma son of not known to the petitioner the Director-in-Chief, Health Services, Govt. of Bihar, Patna. 3.

The Director, Health Services, Government of Bihar, Patna. 4.

The Additional Director, Health Services, Government of Bihar, Patna. 5.

The Deputy Director, Health Services, Government of Bihar, Patna. 6.

Dr. Suresh Chandra Lal son of not known to the petitioner the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi. 7.

Mr. Manesh Kumar Meena son of not known to the petitioner the Collector, Sitamarhi.

8.

Dr. Vinay Kumar Sharma son of not known to the petitioner the Chief Malaria Officer/Additional Director-cum-State Program Officer, Bihar, Patna.

9.

Dr. Rabindra Kumar Yadav son of late Sada Nand Yadav the District Malaria Officer/District V.B.D. Control Officer, Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar Verma, AC to AAG9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-03-2024 The present MJC is filed for non-compliance of the order dated 11.02.2010.

2. The present MJC - Contempt petition is filed in the year 2022. There is a delay of about 12 years. Section 20 of the

Patna High Court MJC No.2480 of 2022(3) dt.22-03-2024 2/2 Contempt of Courts Act, 1971 reads as under:- "20. Limitation for action for contempt.- No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

3. The aforementioned statutory provision has been taken note by the Co-ordinate Bench along with related provisions and proceeded to dismiss contempt petition on the sole ground of delay in filing contempt petition and contrary to Section 20 of the Contempt of Courts Act, 1971.

4. Accordingly, the present MJC - Contempt Petition No. 2480 of 2022 stands dismissed in the light of Co-ordinate Bench decision in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors. {M.J.C. No.1840 of 2023 decided on 24.07.2023}, reserving liberty to the petitioner to invoke fresh writ jurisdiction.

5. Pending I.A.(s), if any, stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U