Firoz Ahmad v. Mr. Jai Ram Pal The District Agriculture Officer And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.716 of 2018 In Miscellaneous Jurisdiction Case No.4283 of 2016 ====================================================== Firoz Ahmad S/o Late Farooque Ahmad resident of village - Sahebganj (Purani Gurhatti), P.O. - Sahebganj, P.S. - Chapra Town, District - Saran Chapra.

... ... Appellant/s

Versus

1.

Mr. Jai Ram Pal The District Agriculture Officer, Saran Chapra. 2.

The State of Bihar through D.M. Saran, Mr. Harihar Prasad. .....Respondents ====================================================== Appearance :

For the Appellant/s :

Mr.Shri Prakash Srivastava For the Respondent/s :

Mr.Servesh Kr.Singh -Aag13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 27-06-2019 This appeal under Section 19 of the Contempt of Courts Act has been filed against an order passed by the learned Single Judge refusing to issue notice on the allegations of contempt made by the appellant.

An appeal against such an order would not be maintainable being misconceived.

Learned counsel submits that the dispute with regard to the quantum of interest that was indicated in the affidavits exchanged between the parties clearly indicated that the appellant was entitled to the payment of interest as well. This may be a separate cause of action which can be agitated by the

Patna High Court L.P.A No.716 of 2018(2) dt.27-06-2019 2/2 appellant in separate set of proceedings and any orders passed by the learned Single Judge on that issue while refusing to exercise discretion under the Contempt of Courts Act will not be an impediment in the same.

The appeal is, accordingly, consigned to records. (Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Saif/- U