Surendra Prasad Ojha vs The State Of Bihar
2024 Latest Caselaw 5267 Patna

Patna High Court

Surendra Prasad Ojha vs The State Of Bihar on 6 August, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.1158 of 2024
                                          In
                       Letters Patent Appeal No.1819 of 2015
     ======================================================
1.    Surendra Prasad Ojha, son of Late Yadunath Ojha, resident of Village and
      Post Office- Nimez, P.s.- Brahmpur, District- Buxar.
2.   Kundan Kumar, son of Late Tarkeshwar Ojha, resident of Village and Post
     Office- Nimez, P.S.- Brahmpur, District- Buxar.

                                                              ... ... Petitioner/s
                                      Versus

1.   The State of Bihar through the Special Director, Secondary Education,
     Department of Education Govt. of Bihar, Patna.
2.   Sachindra Kumar, the Special Director, Secondary Education, Incharge
     Sanskrit Education Department of Education, Govt. of Bihar, Vikash
     Bhawan, Patna.
3.   Sunil Kumar, The Additional Secretary cum Administrator, The Bihar
     Sanskrit Shiksha Board, Patna.
4.   Amar Bhushan, Secretary, Bihar Sanskrit Shiksha Board, Patna.
5.   Anil Kumar Dwivedi, son of not known to the petitioner, The District
     Education Officer, Buxar.
6.   Bishnu Kant Rai, son of not known to the petitioner, posted as District
     Programme Officer, Establishment, Buxar.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Suresh Kumar Ishwar, Advocate
                                  Mr. Sanjeev Kumar Jha, Advocate
     For the Board          :     Mr. S.S. Sundaram, Advocate
     For the State          :     Mr. Sarvesh Kumar Singh, AAG-13
                                  Mr. Rajat Kumar Tiwary, AC to AAG-13
      ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 06-08-2024

The present M.J.C./Contempt Petition is not

maintainable in view of the fact that it is not within the time

limits stipulated under Section 20 of the Contempt of Courts Patna High Court MJC No.1158 of 2024 dt.06-08-2024

Act. 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

considered Section 20 of the Contempt of Courts Act, 1971 read

with Article 215 of the Constitution. Recently, on 22.07.2024

Hon'ble Supreme Court in the case of S. Tirupathi Rao Vs. M.

Lingamaiah & Ors. reported in 2024 SCC OnLine SC 1764

held that belated Contempt petitions are not entertainable.

Accordingly, the present M.J.C/Contempt petition

stands disposed of as not maintainable. Disposal of the present

petition would not be a hurdle for the petitioner to invoke writ

jurisdiction in accordance with law. Pending I.As, if any, stands

disposed of.

(P. B. Bajanthri, J)

( Alok Kumar Pandey, J) manish/-

AFR/NAFR                NAFR
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Uploading Date          07.08.2024
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