Jagdish Prasad @ Jagdish Prasad Singh vs The State Of Bihar Through The Chief ...
2025 Latest Caselaw 1795 Patna

Patna High Court

Jagdish Prasad @ Jagdish Prasad Singh vs The State Of Bihar Through The Chief ... on 14 February, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.4331 of 2024
                                           In
                         Letters Patent Appeal No.309 of 2019
     ======================================================
     Jagdish Prasad @ Jagdish Prasad Singh, S/o- Late Lal Bihari Singh, Resident
     of Village - and P.O. - Basuhar, Via - Punpun, P.S.-Punpun, District - Patna,
     Presently residing at north Anand- Puri, West Boring Canal Road, PATNA.

                                                          ... ... Petitioner.
                                   Versus
1.   The State of Bihar through the Chief Secretary Sri Amrit Lal Mena,
     Government of Bihar, Patna.
2.   The Principal Secretary, Sri Pratya Amrit, Department of Health,
     Government of Bihar, Patna.
3.   The Director, Health Service (Fileria Control), Government of Bihar, Dr.
     Rakesh Chandra Sahay Verma.
4.   The Deputy Director, Sri D.K. Mishra, Health Services (Falaria Control),
     Government of Bihar, Patna.

                                            ... ... Opposite Parties.
     ======================================================
     Appearance :
     For the Petitioner     :      Mr. Jitendra Kumar, Advocate.
     For the State          :      Mr. Additional Advocate General- 9.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

      Date : 14-02-2025

                    Petitioner has presented this Contempt/M.J.C. Petition

      in the light of the order dated 19.02.2021 passed in L.P.A.

      No.309 of 2019 read with the petitioner's representation dated

      24.09.2021

and the present Contempt/M.J.C. Petition is filed in

the year 2024.

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

maintainable in the light of Section 20 of the Contempt of Patna High Court MJC No.4331 of 2024 dt.14-02-2025

Courts Act, 1971 read with Article 215 of the Constitution.

Coordinate Bench of this Court in the case of Dr. Rajesh

Kumar Sinha and others Vs. The Union of India and others

(M.J.C. No.1840 of 2023) elaborately considered the

aforementioned provisions to the extent that Contempt Petition

cannot be entertained beyond one year period. Further, recently,

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

Versus M. Lingamaiah and Others decided on 22 nd of July,

2024 {2024 SCC OnLine SC 1764} has held that belated

Contempt Petition is not entertainable.

3. Accordingly, the present Contempt/M.J.C. Petition

stands disposed of as not maintainable reserving liberty to the

petitioner to file a fresh writ petition, in accordance with law.

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.02.2025.
Transmission Date       NA