Dismissed

Bipin Bihari Shrivastava v. The State Of Bihar and Ors.

Patna HC9 May 2013MJC/4350/2012

Case brief

AI extract

What is this about?

Held that no contempt is made out against opposite parties who tendered an unqualified apology for delay, having disposed of the representation via a speaking order on 06-02-2013. The present M.J.C. petition is disposed of without penalty.

What did the court decide?

No contempt penalty imposed; liberty granted to the petitioner to approach the concerned authority for compliance of the District Magistrate's order.

Bipin Bihari Shrivastava Vs The State Of Bihar and Ors. — Contempt of Court | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 4350 of 2012

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Civil Writ Jurisdiction Case No. 18752 of 2011

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====================================================== Bipin Bihari Shrivastava Son of Late Bhagwat Prasad resident of Belhar Tola, Jai Nagar, Ward Number-1, P.O- Bhelwa Tola, P.S- Jainagar, DistrictMadhubani.

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.... .... Petitioner

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Versus

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The State of Bihar through Sri Navin Kumar, Chief Secretary, Government of Bihar, Patna.

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Mr. Adesh Tetermare, the District Magistrate, Madhubani.

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Mr. Binod Kumar Pankaj, Sub Divisional Officer, Jainagar, Madhubani. 4. Mr. Kushum Lal Paswan, the Circle Officer, Jai Nagar, Madhubani.

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.... .... Opposite Parties

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====================================================== Appearance :

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For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate. For the Opposite Parties : Mr. Namrta Mishra G.P.17 ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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3. 09-05-2013 Heard learned counsel for the parties.

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This petition has been filed for initiating a proceeding of contempt against the opposite parties for their alleged willful disobedience of order dated 24.11.2011 by which a Bench of this Court had directed the opposite parties, particularly opposite party no. 2 to dispose of the representation dated 10.10.2011 in accordance with law as expeditiously as possible preferably within a period of three months from the date of receipt/production of a copy of that order.

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Learned counsel for the petitioner has stated

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Patna High Court MJC No.4350 of 2012 (3) dt.09-05-2013

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2/2

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that in compliance of the said order, he produced a copy of the same before the said authority. However, learned counsel for the opposite parties submits that in compliance of the said order representation has been disposed of by a speaking order on 6^th February, 2013. In their show cause the concerned opposite parties have tendered their unqualified apology for the delay.

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Learned counsel for the petitioner further submits that the said order of the authority is not being complied with and hence he has to run from pillar to post for the same.

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In the aforesaid facts and circumstances, no contempt is made out with respect to any order of this Court.

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Accordingly, this M.J.C. petition is disposed of with a liberty to the petitioner to approach the authority concerned for compliance of the aforesaid order of the District Magistrate, Madhubani.

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(S.N. Hussain, J)

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(Ahsanuddin Amanullah, J)

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Anand Kr.

Bipin Bihari Shrivastava v. The State Of Bihar and Ors.

Case brief

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Bipin Bihari Shrivastava v. The State Of Bihar and Ors.

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