Sipahi Panditt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3583 of 2024 In Letters Patent Appeal No.745 of 2009 ====================================================== Sipahi Panditt, Son of Late Sudama Pandit, Resident of Village-Maghar, P.O.- Sagar Sultanpur, P.S.- Bhagwanpur, District-Siwan. ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

Dr. Vinoda Nand Jha, S/o-Not Known, Director (Secondary Education) Human Resources Development Department, Government of Bihar, New Secretariate, Patna.

3.

Sri Mithlesh Kumar, S/o-not Known, District Education Officer, Siwan. 4.

Sri Lal Babu Kumar, S/o-not Known, Head Master, S.S.High School, Bhagwanpur Hat, P.S.-Bhagwanpur, District-Siwan. ... ... Opposite Parties.

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

For the Petitioner :

Mr. Awadhesh Kumar Singh, Advocate.

For the State :

Mr. Additional Advocate General-13.

====================================================== 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 : 11-12-2024 The present M.J.C./Contempt Petition is filed for noncompliance of the order of this Court dated 27.07.2009 passed in L.P.A. No.745 of 2009, in the year 2024.

2. In the light of Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution, prima facie, the present M.J.C./Contempt Petition is not entertainable. The Coordinate Bench of this Court in the case of Dr. Rajesh Kumar Sinha and others Vs. The Union of India and others

Patna High Court MJC No.3583 of 2024 dt.11-12-2024 2/2 (M.J.C. No.1840 of 2023) read with the Hon'ble Supreme Court decision in the case of S. Tirupathi Rao Versus M. Lingamaiah and Others decided on 22nd of July, 2024 {2024 SCC OnLine SC 1764} held that belated Contempt Petition is not entertainable by the Court in view of Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution.

3. Accordingly, the present M.J.C./Contempt Petition stands dismissed as not entertainable reserving liberty to the petitioner to file a fresh writ petition and in accordance law. (P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2024.

Transmission Date NA