IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2170 of 2021

In

Civil Writ Jurisdiction Case No.4975 of 2020

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1.

Md. Shamim Akhtar, S/o Md. Jamil Akhtar, R/o Vill and Post Ekwal Hasan

Road, Brahampura, Post-MIT Brahampura, Prakhand Mshhari, Distt.

Mujaffarpur, Bihar-847103.

2.

Shekhar Kumar Gupta, S/o Shri Ganga Kumar Gupta, R/o Vill and Post

Ishipur, Thana Ishipur, Prakhand Peerpanti, Anumandal-Kahal Gaon, Distt.

Bhagalpur, Bihar.

3.

Santosh Kumar Sharma, S/o Shri Siya Ram Sharma, R/o Vill and Post

Pohadi, Benipur, Darbhanga, Bihar-847103.

... ... Petitioner/s

Versus

1.

Awadhesh Kumar Singh, District Education Officer East Champaran, Mw

25 +66G, Belisarai, Motihari, Bihar-845401.

2.

Sanjay Kumar Singh, District Education Officer Bhagalpur, having its office

at 6 QW2 + F2W, Dilgouri, Sultanganj, Bihar-813213.

3.

Mahesh Prasad Singh, District Education Officer Darbhanga Station Road,

Near Latheriasarai Tower Chowk, Benta, Laheriasarai, Darbhanga, Bihar-

846001.

4.

Shri Amrendra Kumar Singh, Director Primary Education, Government of

Bihar, Vikas Bhawan, New Secretariat, Patna.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Sugandha Prasad, Advocate

For the Opposite Party/s :

Smt. Shilpa Singh, GA-12

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE RAMESH CHAND

MALVIYA

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4

23-11-2023

The present M.J.C. is arising out of C.W.J.C. No.

4975 of 2020. Three petitioners were not party to the C.W.J.C.

No. 4975 of 2020 and it was filed by the National Federation of

the Blind, Bihar Branch.

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2. The National Federation of the Blind, Bihar Branch

filed M.J.C. No. 525 of 2021 for non-compliance of order dated

03.06.2021 passed in C.W.J.C. No. 4975 of 2020. MJC No. 525

of 2021 - contempt petition was held to be infructuous to that

extent an order was passed on 24.07.2023. Order dated

24.07.2023 passed in M.J.C. No. 525 of 2021 reads as under:

“1. Learned counsel for the respective

parties submitted that orders of this Court stated to

have been complied.

2. Accordingly, the present petition

stands disposed of as it has become infructuous.”

3. In the present MJC, petitioners are third party to

the present MJC -contempt petition. When the original contempt

petition – MJC No. 525 of 2021, who are the petitioners in

C.W.J.C. No. 4975 of 2020 and it was disposed of as it has

become infructuous in view of latter development. The present

MJC cannot be entertained as on today.

4. Accordingly, the present MJC stands dropped.

Dropping of the present MJC would not be a hurdle for the

petitioner to invoke writ jurisdiction or any other remedy, which

is available to each of the petitioner in the light of various orders

stated to have been passed by the official respondent in the light

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of the order dated 24.07.2023 passed in MJC No. 525 of 2021

and also show cause filed in the present petition on behalf of the

respondents.

manish/-

(P. B. Bajanthri, J)

( Ramesh Chand Malviya, J)

U