Binod Sah Vs The Managing Director, Mr. Aditya Prakash Transmission Company Ltd. — Patna HC (2025) — LawSathi Research

Binod Sah Vs The Managing Director, Mr. Aditya Prakash Transmission Company Ltd. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner availed the liberty granted by this Court's order dated 22.03.2022 in CWJC No. 18684 of 2021 by filing an appropriate application/petition before the learned District Judge, Muzaffarpur. +1 more

Court's answer

The petitioner failed to avail the liberty granted by the order dated 22.03.2022: no application/petition was shown to have been filed before the learned District Judge, Muzaffarpur in terms of that order, and the Execution Case No. 6 of 2022 relied upon was admittedly not filed in pursuance thereof.

Ratio / Principle

In the absence of any application/suit being filed by the petitioner before the learned District Judge, Muzaffarpur in terms of the order dated 22.03.2022 (which, per the mandate of the Apex Court in Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited & Ors, ought to have been by way of a proper suit), the learned District Judge cannot be stated to have not complied with that order.

Key takeaways

No case is made out for initiating contempt proceedings, and the present petition stands dismissed.ratio¶26

Detailed headnote1 paragraphs

Contempt petition (Miscellaneous Jurisdiction Case No.2983 of 2024) arising out of CWJC No. 18684 of 2021 - dismissed. By order dated 22.03.2022 the Court had granted the petitioner liberty to file an appropriate application/petition before the concerned District Judge, Muzaffarpur within two weeks, to be decided within four months thereafter. Counsel could not show from the records that any such application/petition was filed; the petitioner instead relied upon Execution Case No. 6 of 2022, admittedly not filed in pursuance of the said order. Invoking the mandate of the Hon'ble Apex Court in Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited & Ors, 2017(2) PLJR (SC) 152, the Court held that the application ought to have been by way of a proper suit; the petitioner having failed to avail the liberty granted, the learned District Judge could not, by any stretch of imagination, be stated to have not complied with the order dated 22.03.2022. Accordingly, no case was made out for initiating contempt proceedings and the petition was dismissed. Coram: Mohit Kumar Shah and Shailendra Singh, JJ.; oral order per Mohit Kumar Shah, J.; decided 07-04-2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2983 of 2024

In

Civil Writ Jurisdiction Case No.18684 of 2021

======================================================

Binod Sah son of Late Rajeshwar Lal, resident of Village-Mohammadpur Lalse, P.S. Sakara, District-Muzaffarpur.

... ... Petitioner/s

Versus

The Managing Director, Mr. Aditya Prakash Transmission Company Ltd. North Bihar Power Holding Distribution Company Pvt. Ltd. Vidyut Bhawan I, Bailey Road, Patna.

The Chief Engineer Mr. Ratan Kumar (Project-1) Bihar State Power Transmission Company Ltd. Vidyut Bhawan I, Bailey Road, Patna.

The District Magistrate Mr. Pranav Kumar, Muzaffarpur.

The Senior Superintendent of Police Mr. Rakesh Kumar, Muzaffarpur.

Mr. Sanjay Singh, The Deputy Collector, Land Reforms, Muzaffarpur.

The Pan Indian Infra Project Private Limited, 1st Floor, Vikas Tower, Infront of Druga Mandir (facing Pusa Road), Mali Ghat, B.M.P. 06, DistrictMuzaffarpur.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr.Mani Bhushan Kumar, Advocate For the Opposite Party Nos. 1 & 2 : Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and

HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4 07-04-2025 Though this Court vide order dated 22.03.2022

passed in CWJC No. 18684 of 2021 had granted liberty to the petitioner to file appropriate application/petition before the concerned District Judge within two weeks of passing of the said order, which in turn was directed to be decided by the District Judge within a period of four months thereafter,

Patna High Court MJC No.2983 of 2024(4) dt.07-04-2025 2/3

however, the learned counsel for the petitioner has miserably failed to show from the records that any application/petition was filed before the Ld. District Judge, Muzaffarpur in terms of the aforesaid order dated 22.03.2022 and instead reference has been made to an execution petition filed by the petitioner bearing Execution Case No. 6 of 2022, which admittedly has not been filed in pursuance to the aforesaid order dated 22.03.2022.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has admittedly not filed any application/petition before the Ld. District Judge, in terms of our order dated 22.03.2022, which ought to have been filed by way of a proper suit, as is the mandate of the Judgment rendered by the Hon’ble Apex Court in the case of Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited & Ors . reported in 2017(2) PLJR (SC) 152 , we find that the petitioner has failed to avail the liberty granted by us, hence in absence of any application/suit being filed by the petitioner before the Ld. District Judge, Muzaffarpur in terms of our order dated 22.03.2022, the Ld. District Judge cannot, by any stretch of imagination, be stated to have not complied with our order

Patna High Court MJC No.2983 of 2024(4) dt.07-04-2025 3/3

dated 22.03.2022, hence we find that no case is made out for initiating contempt proceedings, thus the present petition stands dismissed.

(Mohit Kumar Shah, J)

( Shailendra Singh, J)

S.Sb-Annu/-

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