IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1144 of 2009 1. Madan Kumar Choudhary, son of late Shashi Kant Choudhary, resident of village Habibhiour, P.S. Bahera, District- Darbhanga 2. Bijay Kant Singh, son of Mahendra Singh, resident of village- Thengha Motnajay, P.S. Sakatpur, Manigachhi, District-Darbhanga 3. Sharda Nand Mishra, son of Radhas Kant Mishra, resident of village Deoram, P.S. Bahera, District-Darbhanga 4. Amrendra Nath Jha @ Amrendra Narayan Jha, son of Chandra Narayan Jha, resident of village Haripur, P.S. Bahera, District- Darbhanga 5. Janki Sharan, son of Ram Chandra Prasad, resident of village Bahera, P.S. Bahera District-Darbhanga 6. Laxman Mukhiya, son of Sunder Mukhiya, resident of village Andauli, P.S. Alinagar, District-Darbhanga 7. Laxman Jha, son of Dukha Jha, resident of village Nehra, P.S. Manigachchi, District-Darbhanga 8. Umesh Mandal, son of Shiv Ram Mandal, resident of village Habibhaur, P.S. Bahera, District-Darbhanga 9. Ganesh Ram, son of Batohi Ram, resident of village Dharaura, P.S. Bahera, District-Darbhanga 10. Hare Krishna Jha, son of Babu Narayan Jha, resident of village Nawadah, P.S. Bahera, District-Darbhanga 11. Rameshwar Gareri, son of Mathura Gareri, resident of village Benipur, P.S. Bahera, District-Darbhanga 12. Ashwani Kumar Jha, son of Surya Kant Jha, resident of village Kabilpur, P.S. Bahadurpur, District-Darbhanga 13. Shobha Kant Mishra, son of Vishambher Mishra, resident of village Pataur, P.S. Pataur, District-Darbhanga 14. Ashok Kumar Sinha, son of Naresh Chandra Sinha, resident of village Narhatiya, P.S. Guljarbagh, District-Patna 15. Ranjit Kumar, son of Ram Swarup Singh, resident of village Belpur Saratha, P.S. Chandi, District-Nalanda 16. Kusheshwar paswan, son of Shiv Lal Paswan, resident of village Ramnagar, P.S. Bahadurpur, District-Darbhanga 17. Raj Kumar Paswan, son of Shobhan Paswan, resident of village amnagar, P.S. Bahadurpur, District-Darbhanga 18. Jay Kant Yadav, son of Mani Lal Yadav, resident of village Banka Bishanpur, P.S. Bishanpur, District Madhubani 19. Amar Kant Mishra, son of Baban Mishra, resident of village Mujanua Nirpur, P.S. Samastipur Muffasil, District-Samastipur 20. Inder Paswan, son of late Ram Swarup Paswan, resident of village Ramnagar, P.S. Bahadurpur, District-Darbhanga 21. Amar Nath Jha, son of Bhageshwar Jha, resident of village Maubehat, P.S. Manigachchi, District-Darbhanga 22. Ramashankar Kumar, son of Badri Narayan Prasad, resident of village Chatharitya, P.S. Kabirchak, District-Darbhanga 23. Yogendra Paswan, son of Anup Paswan, resident of village Ramnagar, P.S. Bahadurpur, District-Darbhanga 24. Bilat Pradhan, son of Sitaram Pradhan, resident of village Hariharpur, Tole Malpatti, P.S. Kamtaul, District-Darbhanga 2 25. Ganesh Mahto, son of Babulal Mahto, resident of village Rampur Parori, P.S. Sitamarhi, District-Sitamarhi 26. Chandra Shekhar Mandal, son of Newat Mandal, resident of village Gorriyari, P.S. Bishanpur, District-Darbhanga 27. Ram Shobit Roy, son of Jagdeo Rai, resident of village Bhadayku, P.S. Sitamarhi , District-Sitamarhi 28. Jay Shankar Choudhary, son of Ram Sevak Choudhary, resident of village Basha Makhanpur, P.S. Ashok Paper Mills, District- Darbhanga 29. Prabhakar Mishra, son of Haribansh Mishra, resident of village Gita Dewadha, P.S. Rosera, District-Samastipur 30. Sheo Ram Prasad, son of Parmeshwar Narayan Singh, resident of village Madhopur Garh, p.S. Chandi, District-Nalanda 31. Chandra Nath Tiwary @ Chandrakant Tiwary, son of Uma Kant Tiwary, resident of village Bhakhari, P.S. Roop Nagar, District- Saharsa 32. Binay Kumar Arya, son of Harilal Arya, resident of village Lakarkola, P.S. Dharhara, District-Munger 33. Ashok Kumar Patel, son of Rameshwar Patel resident of village Gogri, P.S. Gogri, District-Khagaria 34. Sanjay Kumar Singh, son of Badri Prasad Singh, resident of village Panchgachhia, P.S. Panchgachhia, District-Supaul Versus 1. The State of Bihar 2. Jayshankar, son of not known to the petitioners at present holding the post of Commissioner cum Secretary, Public Health Engineering Department, Govt. of Bihar, Bishweshraiya Bhawan, Patna 3. Madan Kumar, son of not known to the petitioner at present holding the post of Engineer in Chief cum Spl. Secretary, Public Health Engineering Department, Govt. of Bihar, Patna 4. Surendra Kumar, son of not known to the petitioner, at present holding the post of Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 5. B.K.Sinha, son of not known to the petitioner, at present holding the post of Superintending Engineer, P.H. Circle, Darbhanga 6. Amiranjan, son of not known to the petitioners, at present holding the post of Executive Engineer, P.H. Division, District-Darbhanga. with MJC No.1449 of 2005 TARAKANT PATHAK Versus STATE OF BIHAR & ORS ----------- 2. 4.8.2009 It is pointed out by learned counsel for the State that MJC No. 1144 of 2009 which has been filed by 34 petitioners is based upon a deliberate suppression of the fact that as many as 10 of 3 these petitioners had also filed another contempt application being MJC No. 1487/2003 arising out of the same order dated 23.5.2002 passed in CWJC No. 6392 of 2002. Those petitioners are petitioner nos. 12,13,14,16,19,20,23,28,29 and 31 in the present contempt application. The said contempt application was disposed of by order dated 31.5.2007 passed by a Division Bench of this Court in MJC No. 19/2000 along with other contempt applications after finding that there is no objection or grievance regarding the implementation and compliance of the order of this Court passed in the said case. In that view of the matter, the present contempt application, which has been filed suppressing the disposal of the earlier application in which as many as 10 out of 34 petitioners were also parties, is not fit to be proceeded with; more so when the remaining 24 petitioners have not made out any case separate from that of the other ten petitioners who were also petitioners in MJC No. 1487/2003. This Court takes a serious view of the suppression of such important fact by these petitioners. They are warned not to repeat the same in future. MJC No. 1144/2009 is accordingly dismissed. So far as MJC No. 1449/2005 is concerned, LPA filed against the order dated 11.5.2005 under contempt has been dismissed on 12.2.2009 and the only stand taken in the show cause filed today is that the authorities are considering to take opinion from the Law Department on the point of filing SLP before the Apex Court. Nearly six months have elapsed since the passing of the said order and hence 4 no such plea of the authorities can be accepted. They may take whatever steps they wish but the order under contempt is required to be complied with. As a last indulgence, as prayed for by learned AC to GA 5, put up MJC No. 1449/2005 in the same position on 18th August, 2009 by which date it is stated that compliance of the order will be reported to this Court. S. Pandey (Ramesh Kumar Datta, J.)