Suman Kant Jha vs The State Of Bihar Through The ...
2022 Latest Caselaw 4360 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.890 of 2021
                                          In
                    Civil Writ Jurisdiction Case No.879 of 2013
     ======================================================

1. Suman Kant Jha S/O Late Dhananjay Jha R/O Vill - Baijani, P.s. -

Jagdishpur, District Bhagalpur, At present Residing at Jhaua Kothi, P.S. - Khanjarpur, District- Bhagalpur.

2. Shailesh Kumar Singh S/O Late Shaligram Singh R/O Mohalla - Adampur, P.S. Adampur District - Bhagalpur, At present Residing at Mohalla Adampur, P.S. Adampur, District Bhagalpur.

3. Basant Kumar Singh S/of Shivji Singh R/O MohallaJhaua Kothi, Khanjarpur, P.S. Barari, District Bhagalpur, At present residing at Mohalla Jhaua Kothi, Khanjarpur, P.S. Barari, District- Bhagalpur.

4. Ram Bilas Mandal S/O Late Kamleshwari Prasad Mandal, R/O vill -

Shahpur, P.S. Kahalgaon, District Bhagalpur, At present Residing at Jhauakothi QTR. No. 43, Khanjarpur, P.S. Barari, District- Bhagalpur.

5. Lala Satyendra Prasad Karan S/O Late Mahendra Prasad R/O Mohalla -

Badi Khanjarpur, P.S. Barari, District - Bhagalpur, At present Residing at Mohalla - Badi Khanjarpur, P.S. Barari, District- Bhagalpur.

6. Sugreev Paswan @ Sugriw Paswan S/o Bhuneshwar Paswan R/o Vill. -

Shobhanathpur, P.s. Kahalgaon, District- Bhagalpur, At present Residing at Mohalla Jawaripur, P.S. Tilkamajhi, District- Bhagalpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna, Bihar, namely, Amit Subhani.

2. The District Accounts Officer, Bhagalpur, Bihar, namely, Rajendra Kumar Chandravanshi

3. The District and Sessions Judge, Bhagalpur., namely, Arvind Kumar Pandey

4. The Registrar - cum - Judge in Charge Accounts, Civil Courts, Bhagalpur, namely, Shailendra Kumar Singh.

... ... Opposite Parties/ Contemnors ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinav Srivastava, Advocate Mr.Anil Kumar Tiwary, Advocate For the State : Mr. Sita Ram Yadav, Advocate For respondent nos.3 & 4 : Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 08-08-2022 Heard learned counsel for the parties.

This application has been filed for initiating contempt Patna High Court MJC No.890 of 2021 dt.08-08-2022

proceeding against the opposite parties for wilful and deliberate

violation of judgment and order dated 23.02.2018 passed in

CWJC No.879 of 2013.

Mr. Satyabir Bharti, learned counsel appearing for

respondent nos.3 and 4, has submitted that judgment dated

23.02.2018 passed in CWJC No.879 of 2013, has been duly

complied with by disposing of the representation dated

26.03.2018 filed by all the petitioners, as the direction of this

Court was that if the case of petitioners is covered by the

judgment passed in L.P.A. No.806 of 2014, (Binay Shankar

Shukla Vs. the State of Bihar & Ors.), similar benefit is to be

accorded to the petitioners but since the case of the petitioners'

has been found not to be similarly placed as of Binay Shankar

Shukla, similar benefit could not be extended to the petitioners.

Mr. Satyabir Bharti further submits that there was

direction of this Court to consider the representation of

petitioners for grant of First and Second ACP and same was

duly considered by the District and Sessions Judge, Bhagalpur

and the District and Sessions Judge by a reasoned and speaking

order dated 7.5.2022 rejected the claim of the petitioners, as

such, the judgment and order passed by this Court has been duly

complied.

Patna High Court MJC No.890 of 2021 dt.08-08-2022

After hearing learned counsel for the parties, this

Court finds that the representation of the petitioners for grant of

first and second ACP has been duly considered by the District

and Sessions Judge, Bhagalpur in terms of direction issued by

this Court and rejected it by a speaking and reasoned order

dated 7.5.2022.

If petitioners are aggrieved by the order dated

7.5.2022 passed by the District and Sessions Judge, Bhagalpur,

they are at liberty to challenge said order in an appropriate

proceeding.

With aforesaid liberty, contempt petition is disposed

of.

(S. Kumar, J)

Sanjay/-

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