Pradeep Kumar Sinha vs The State Of Bihar Through Amir Subhani, ...
2024 Latest Caselaw 344 Patna

Patna High Court

Pradeep Kumar Sinha vs The State Of Bihar Through Amir Subhani, ... on 12 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.1835 of 2022
                                        In
                   Civil Writ Jurisdiction Case No.810 of 2021
     ======================================================
     Pradeep Kumar Sinha Son of Late Phulan Prasad, Resident of Mohalla 401,
     Shreeya Apartment, Ara Garden Road, P.S. - Rupaspur, District - Patna.

                                                                 ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through Amir Subhani, The Chief Secretary Government
     of Bihar, Old Secretariat, Bihar, Patna.
2.   Brajesh Mehrotra the Additional Chief Secretary, Department of Revenue
     and Land Reforms, Government of Bihar, Old Secretariat, Bihar, Patna.
3.   Dr. B. Rajendra the department of Ministry of Secretariat, (General
     Administration Department) Government of Bihar, Patna.
4.   Dr. Chandrashekhar Singh, the District Magistrate, Patna.
5.   Rajesh Mina, the District Magistrate, Saran at Chapra.
6.   Kanchan Kapoor, Joint Secretary, Department of Revenue and Land
     Reforms, Bihar, Old Secretariat, Patna.
7.   Naushad Ahmad, A.D.M., Patna cum               the   Departmental     Enquiry
     Officer.District Magistrate Office, Patna

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :
     For the Opposite Party/s :    Mr.Raj Kishore Roy (Gp18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                     ORAL JUDGMENT
      Date : 12-01-2024

                  None appears for the petitioner.

                  2. Learned counsel for the State is not in a position to

     apprise this Court whether orders of this Court has been complied

     or not?

                  3. Be that as it may, I have perused the records. If there

     is compliance of the Court order on 27.09.2022 and it has been

     placed on record along with the show-cause as Annexure-A.
 Patna High Court MJC No.1835 of 2022 dt.12-01-2024
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                    4. Taking note of compliance order, the present MJC -

       contempt petition No. 1835 of 2022 stands dropped.

                    5. When the matter was taken up in the morning session

       the counsel for the petitioner was not present and he has insisted

       that he should be heard in the matter. Hence, matter is taken up at

       04:15 P.M.

                    6. Learned counsel for the petitioner vehemently

       contended that the respondents have passed the order of rejection

       of appeal in order to frustrate orders of this Court. In this regard, it

       is necessary to take note of relevant portion of the order dated

       31.01.2022

passed in CWJC No. 810 of 2021 which reads as

under:-

"In the light of these facts and circumstances, the appellate authority is hereby directed to decide the petitioner's memorandum of appeal dated 05.07.2021 within a period of four months from the date of receipt of this order. In view of the aforesaid direction revision petition dated 29.12.2021 of the petitioner stands infructuous. The appellate authority is hereby directed to consider each of the contention raised by the petitioner in his memorandum of appeal and decide the appeal.

With the aforesaid observations, the present writ petition stands disposed off."

7. In the light of these facts, this Court cannot go beyond

the aforementioned direction read with the fact that petitioner's Patna High Court MJC No.1835 of 2022 dt.12-01-2024

appeal has been rejected on 03.01.2024. Accordingly, the present

MJC-contempt petition No. 1835 of 2022 stands dismissed.

Reserving liberty to assail the order dated 03.01.2024 before

appropriate forum.

(P. B. Bajanthri, J) abhishekkr/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.01.2024
Transmission Date       NA