Short oral order dismissing a contempt application filed for non-compliance of a court order. The court held the application misconceived due to subsequent procedural developments preventing re-questioning of earlier proceedings.
Contempt application dismissed as thoroughly misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5203 of 2012
====================================================== Sanjay Kumar Mishra, S/O Late Yamunadhar Mishra, resident of VillageDawath, P.S- Dawath, District- Rohtas and Sewait Panch Mandir Dewath, P.S- Dewath, District- Rohtas.
.... .... Petitioner/s Versus 1. The State of Bihar. 2. The Bihar State Religious Trust Board, Vidyapati Marg, Patna-1, through Its President Shri Kishore Kunal. 3. Sri Kishore Kunal, President, the Bihar State Religious Trust Board, Vidyapati Marg, Patna. 4. Sri Md. Taslimuddin, the Circle Officer, Deweth, P.S- Dewath, District- Rohtas.
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opp. Party-State : Mr. A.C. to AAG-9 For the Opp. Party-Board : Mr. Ganpati Trivedi
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
4 03-07-2013 Heard Mr. Rakesh Kumar Sinha, learned counsel appearing for the petitioner, Mr. Ganpati Trivedi, learned counsel appearing for the Board and learned counsel appearing for the State.
This contempt application has been filed complaining of non-compliance of the order dated 5.9.2011passed in CWJC No.9885 of 2010.
Paragraphs 5 to 8 of this application manifests that in the light of the order passed in the writ petition certain order was passed by the Board and which was questioned by the petitioner by filing a writ petition bearing CWJC No. 2776 of 2012 and
Patna High Court MJC No.5203 of 2012 (4) dt.03-07-2013
2
which was disposed of requiring the petitioner to submit a review application before the Board.
In view of the subsequent development the petitioner now can not revert back to question the action of the authorities relating to the earlier round of proceedings. The contempt application is thoroughly misconceived and is accordingly dismissed.
(Jyoti Saran, J)
SKPathak/-
1 issue framed by the court
Whether the current contempt application complaining of non-compliance with an interim order is maintainable in light of subsequent developments.
Sanjay Kumar Mishra
The State of Bihar
The Bihar State Religious Trust Board
Sri Kishore Kunal
Sri Md. Taslimuddin
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
