IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.660 of 2008 VIRENDRA KUMAR SRIVASTAVA Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr.Akashdeep, Advocate For the respondents No.1 to 5: Mr. Vishwa Mohan Kumar Sinha, Standing Counsel –III For the respondent no.6 : Mr. P.K.Rajgrihar, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 27th August, 2008 By this appeal, the appellant challenges the legality and correctness of the impugned order dated 12th May, 2008 passed by the single judge in the contempt application ( MJC No.3234 of 2005). 2. The appeal suffers from delay of forty six days. For condonation thereof, an application ( I.A.No.5151 of 2008) has been made. Even if, we condone the delay in filing the appeal, in our considered opinion, this appeal does not deserve to be entertained for more than one reason. 3. For one, the appeal is not maintainable as it arises from an order passed by the single judge refusing to take any action in exercise of contempt jurisdiction. The single judge found that the order of this court dated 20th September, 2005 has been implemented in full. No - 2 - appeal is maintainable from such order. For other, even if we assume that the appeal is maintainable, the single judge on consideration of the available material and the notification issued by the State Government on 12th November, 2007 held that the order of this court dated 20th September, 2005 has been fully implemented. 4. The counsel would submit that the single judge has considered the matter on certain aspects which he had no competence to do as the only aspect required to be seen by the single judge was that as to whether the order dated 20th September, 2005 has been complied with or not. 5. The ultimate finding of the single judge is that the order has been implemented in full and nothing survives for consideration. The observations made in the order have to be read in that context. 6. LPA is dismissed in limine. 7. This disposes of I.A.No.5151 of 2008 as well. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil