Patna High Court
Shanti Devi vs The State Of Bihar Through Sri Anshul … on 18 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3528 of 2024 In Civil Writ Jurisdiction Case No.3104 of 2021 ====================================================== Shanti Devi Wife of Late Kedar Nath Goswami, Resident of Village- Brahampur, P.O.-Brahampur, District-Buxar. ... ... Petitioner/s Versus 1. The State of Bihar through Sri Anshul Agarwal the District Magistrate, Buxar Buxar. 2. The Bihar State Power Holding Company Limited through Sri Pankaj Kumar Pal the Chief Managing Director. 3. The Power Grid Corporation of India Limited through its General Manager, ER-1, Head Office, Shastri Nagar, Patna, Bihar. 4. Sri Mahesh Chandra Tiwari, the Managing Director, Bihar Grid Power Corporation, Alankar Place, Boring Road, Patna. 5. Sri Mahendra Kumar, the Managing Director, South Bihar Power Distribution Company Limited. 6. Rakesh Kumar Dubey, the Electric Executive Engineer, Dumraon, Buxar Division. 7. Rakesh Kumar, the SDO, Dumraon, Buxar. 8. Smt. Khushbu Khatoon, the Circle Officer, Brahampur, Buxar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Sharma, Adv. For SBPDCL : Dr. Anand Kumar, Adv. Mr. Rajan Prakash, Adv. For the Power Grid Corp. of India Ltd. : Mr. Arbind Kumar Singh, Adv. For the Respondent : Mr. Sriram Krishna, Adv. (For Bihar Grid) Mr. Prabhat Kumar Singh, Adv. Mr. Shashank Shekhar Kumar, Adv. Mr. Ranjay Kumar Singh AC to SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 18-04-2025
The present M.J.C. Contempt has been filed in the
Patna High Court MJC No.3528 of 2024 dt.18-04-2025
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year 2024 insofar as non compliance of the orders of the Co-
ordinate Bench dated 14.12.2021, passed in C.W.J.C. No.
3104 of 2021.
2. On 14.12.2021, while disposing C.W.J.C. No.
3104 of 2021, co-ordinate Bench directed the petitioner to
approach the concerned authority within a period of four
weeks while submitting representation. Petitioner had filed
representation on 10.01.2022. Thereafter, the concerned
authority was required to comply in passing a reasoned and
speaking order within a period of two months. Two months
have lapsed on 09.03.2022. Cause of action accrued for filing
Contempt petition was on 09.03.2022 and one year had
lapsed on 08.03.2023, whereas the present Contempt is filed
in the year 2024 that is more than one year delay in filing.
Resultantly, Contempt Petition cannot be entertained in the
light of Section 20 of the Contempt of Courts Act, 1971 read
with Article 215 of the Constitution. Co-ordinate Bench in
case of Dr. Rajesh Kumar Sinha and others Vs. The
Union of India and others (M.J.C. No. 1840 of 2023)
elaborately considered the aforementioned provisions and
Patna High Court MJC No.3528 of 2024 dt.18-04-2025
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proceeded to dismiss the Contempt Petition on the ground of
delay. The Hon’ble Supreme Court in the case of S.
Tirupathi Rao vs. M. Lingamaiah & others decided
on 22nd of july, 2024 (2024 scc online sc 1764) in
which Contempt Petition was dismissed on the ground of
delay.
3. Taking note of these facts and circumstances,
petitioner has not made out a case so as to entertain the
present Contempt Petition beyond one year from the date of
cause of action accrued to him.
4. Accordingly, the present Contempt Petition stands
dismissed reserving liberty to the petitioner to invoke such
other remedy which is available to him/her.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
Nirajkrs/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2025 Transmission Date NA