A Letters Patent Appeal arising from a contempt petition filed in 2022 seeking enforcement of a 2010 order. The High Court dismissed the petition due to a 12-year delay, violating the one-year limitation period under Section 20 of the Contempt of Courts Act, 1971, while reserving liberty to file fresh writs.
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.2480 of 2022
In
Letters Patent Appeal No.557 of 2010
======================================================
Krishna Nand Jha son of late Beda Nand Jha Resident of village- Parwaha, Police Station- Forbesganj, District- Araria, at presently reside at Kailashpuri, Ward No. 9, Post office and Police Station- Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr.Anil Kumar Verma, AC to AAG9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
order dated 11.02.2010.
2. The present MJC – Contempt petition is filed in the year 2022. There is a delay of about 12 years. Section 20 of the
Patna High Court MJC No.2480 of 2022(3) dt.22-03-2024 2/2
Contempt of Courts Act, 1971 reads as under:-
“ 20. Limitation for action for contempt.-
No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.”
3. The aforementioned statutory provision has been taken note by the Co-ordinate Bench along with related provisions and proceeded to dismiss contempt petition on the sole ground of delay in filing contempt petition and contrary to Section 20 of the Contempt of Courts Act, 1971.
4. Accordingly, the present MJC – Contempt Petition No. 2480 of 2022 stands dismissed in the light of Co-ordinate Bench decision in the case of Dr. Rajesh Kumar Sinha & Ors. Vs. The Union of India & Ors. {M.J.C. No.1840 of 2023 decided on 24.07.2023}, reserving liberty to the petitioner to invoke fresh writ jurisdiction.
5. Pending I.A.(s), if any, stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J)
abhishekkr/-
U
1 issue framed by the court
Whether to allow a contempt petition filed after a delay of over 12 years, given the one-year limitation period under Section 20 of the Contempt of Courts Act, 1971.
Krishna Nand Jha
Mr. Pratya Amrit
Mr. Rakesh Chandra Sahay Verma
Dr. Suresh Chandra Lal
Mr. Manesh Kumar Meena
Dr. Vinay Kumar Sharma
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
