Anjani Kumar v. The State Of Bihar Through Sanjay Kumar Agrawal, District Magistrate, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3434 of 2017 In Civil Writ Jurisdiction Case No.3749 of 2016 ====================================================== Anjani Kumar Son of- Late Bhola Prasad Singh, resident of Village- Khoja Imli, Vijay Market, Purnendu Nagar Road, P.S.- Phulwari Sharif, Town and District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Sanjay Kumar Agrawal, District Magistrate, Patna and Ors son of not known to petitioner, 2.

Anand Kishore, son of not known to petitioner, Divisional Commissioner, Patna Division, Patna.

3.

Sanjay Kumar Agrawal, son of not known to petitioner, District Magistrate, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Manisha Pandey, Adv.

For the State :

Mr. Suman Kumar Jha, AC to AAG 3 ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 31-08-2023 Heard Ms. Manisha Pandey, learned counsel appearing on behalf of the petitioner and the State is represented by Mr. Suman Kumar Jha, learned counsel.

2. The petitioner presses the present application for initiating a contempt proceeding against the contemnors-

Patna High Court MJC No.3434 of 2017(10) dt.31-08-2023 2/3 opposite parties for deliberate violation of the order of this Court dated 29.02.2016 passed in CWJC No. 3749 of 2016, which was later on modified vide order dated 06.04.2016.

3. A show cause has been filed on behalf of the opposite party no. 3 and with reference to the statement made therein, submission has been made that after the matter being relegated to the licensing authority for fresh consideration on its own merit and in accordance with law, the claim of the petitioner has been duly considered and accordingly a final order has been passed negating the claim of the petitioner.

4. Per contra, learned counsel for the petitioner vehemently submitted that though the concerned opposite party has passed the order but the same is a stereo type order which was earlier assailed by the petitioner and set aside by this Court on 29.02.2016 The order also suffers from vice of non consideration of points raised by the petitioner, including the point that he was subjected to murderous attack for which FIR was also lodged. It is also submitted that the order has also been communicated on a wrong and incorrect address.

5. Be that as it may, since in deference to the order of this Court, an order has been passed by the District Magistratecum Licensing Authority, the present contempt application

Patna High Court MJC No.3434 of 2017(10) dt.31-08-2023 3/3 stands disposed of. If the petitioner has any grievance, he may assail the same before the appropriate forum or in an appropriate proceeding.

(Harish Kumar, J) Anjani/- U