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Patna High CourtMJC/3088/2023dismissed

Sunil Kumar Gupta v. The State Of Bihar

2024-05-13Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3088 of 2023 In Letters Patent Appeal No.466 of 2019 ====================================================== Sunil Kumar Gupta Son of Raghunandan Modi, Resident of Village-Ujjhandi, Police Station-Jamui, District-Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Urban Development, Government of Bihar, Patna.

2.

The District Magistrate, Jamui, namely Mr. Rakesh Kumar. 3.

The Deputy Developmetn Commissioner-cum-Chief Executive Officer, Zila Parishad, Jamui namely Sri Shashi Shekhar Chaudhary. 4.

The Additional District Magistrate, Jamui 5.

Sri Jai Prakash Sao, son of Naresh Sao, Resident of Purnai Bazar, Jamui, Police Station-Jamui, District-Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Yogendra Prasad Sinha (Aag 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 13-05-2024 Learned counsel for the respondent on instructions submitted that the present contempt petition is not maintainable in view of Section 20 of Contempt of Courts Act, 1971. It is also pointed out that co-ordinate Bench in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors bearing M.J.C. No. 1840 of 2023 in C.W.J.C. No. 13888 of 2016, elaborately discussed Section 20 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution. Taking note of

Patna High Court MJC No.3088 of 2023(6) dt.13-05-2024 2/2 the aforementioned decision, we proceed to dismiss the present contempt petition, reserving liberty to the petitioner to file fresh CWJC in accordance with law.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) vashudha/- U