Patna High Court
Abhay Rana vs The State Of Bihar Through The Principal ... on 6 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.484 of 2025
In
Civil Writ Jurisdiction Case No.4754 of 2023
======================================================
Abhay Rana, Son of Prabhu Prasad, Resident of Village and P.S.- Daniyawan,
Anchal and Prakhand- Daniyawan, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of
Environment Forest and Climate Change, Govt. of Bihar, Patna.
2. Dr. Devendra Kumar Shukla, The Chairman Bihar State Pollution Control
Board, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the B.S.P.C.B. : Mr. Kumar Ravish, Advocate
For the State : Mr. Sarvesh Kumar Singh, Sr. Advocate, AAG-13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 06-03-2025
The present MJC is filed for non-compliance of the
order dated 07.04.2023 passed in CWJC No. 4754 of 2023 (Abhay
Rana vs. The State of Bihar & Ors.). In his writ petition, petitioner
has prayed for the following relief(s):-
"(i) For issuance of appropriate
writ/order/direction commanding the State of
Bihar and its authorities to restrain the
construction of W.P.U. for waste disposal
under Lohiya Swachh Abhiyan, Bihar upon
Plot No. 1132 Under Khata No. 42 measuring
ARea 4 decimals of mauza+anchal-
Patna High Court MJC No.484 of 2025 dt.06-03-2025
Daniyawan, District-Patna and also for
issuance of direction commanding the
respondents authority to shift W.P.U. for
waste disposal under Lohiya Swachh Abhiyan
to another proper place.
(ii) For issuance of appropriate
writ/writs, /order/orders, direction/directions
for which the petitioner would be entitled in
the facts and circumstances of the case for
public interest."
2. Perusal of the petition, it is evident that it has been
filed after one year nine months. In respect of delay in filing
contempt petition, co-ordinate Bench of this Court in the case of
Dr. Rajesh Kumar Sinha & Ors. vs. The Union of India & Ors.
bearing MJC No. 1840 of 2023 in CWJC No. 13888 of 2016
decided on 24.07.2023 has elaborately considered Section 20 of
the Contempt of Courts Act, 1971 read with Article 215 of the
Constitution of India. Further, similar view has been taken in the
case of S. Tirupathi Rao vs. M. Lingamaiah & Ors. reported in
2024 SCC OnLine SC 1764.
3. In the light of above narrated facts and legal issues,
the present M.J.C. - contempt petition filed after lapse of about
one year and nine months, cannot be entertained in view of Section
20 read with other provisions of Contempt of Courts Act, 1971 and
Chapter XXVIII, PART "A" of contempt of Courts (Patna High
Patna High Court MJC No.484 of 2025 dt.06-03-2025
Court) Rules. Accordingly, the present MJC/Contempt petition
stands dismissed.
(P. B. Bajanthri, J)
Vikash/- (Sunil Dutta Mishra, J)
AFR/NAFR NAFR
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