Krishnadeo Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.10 of 2020 In Civil Writ Jurisdiction Case No.12370 of 2015 ====================================================== Krishnadeo Poddar Son of Late Sitabi Poddar, Retired Head Electrician, Muzaffapur Electric Supply Circle, resident of Village- Sadpura, Milki Tola, P.S. Ramna, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Pratya Amrit I.A.S. Principal Secretary, Energy Department, Government of Bihar, Patna. 2.

Shri R. Laxman, an IAS Managing Director, North Bihar Power Distribution Ltd. Vidyut Bhawan Bailey Road, Patna.

3.

Shri Pramod Tiwary Deputy General Manager (Finance) North Bihar Power Distribution Ltd. Vidyut Bhawan Bailey Road, Patna. 4.

Shri Jay Shankar Jha, electrical Superintending Engineer, Electric Supply Circle, Muzaffarpur.

5.

Shri Kumar Bhasker Account Officer, Electric Supply Circle, Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr. Dharmeshwar Mishra, Advocate Mr. Indrajeet Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-02-2024 Heard Mr. Vivekanand Vivek, learned counsel for the petitioner and Mr. Indrajeet Bhushan, learned counsel for the opposite parties.

2. This Court has gone through the Lok Adalat's order dated 14.5.2022 in which, it was noticed that the petitioner has preferred the present contempt petition under ill advice for compliance of an order dated 13.7.2019 passed by the Lok Adalat, Patna High Court.

Patna High Court MJC No.10 of 2020(5) dt.23-02-2024 2/3

3. So far as the case is concerned, a reasoned order was passed by the respondents vide memo dated 3.3.2020 whereafter payments/amount credited in the Bank Account of the petitioner.

4. This show cause was filed on 15.12.2020 and as there was no rebuttal by way of rejoinder, a coordinate bench referred the matter to ' Lok Adalat' on 10.5.2022.

5. However, when the matter was taken up by the 'Lok Adalat' on 14.5.2022, the then learned counsel appearing for the petitioner, Mr. Shambhu Sharan Singh submitted that no amount was transferred in the account of the petitioner.

6. In that background, the matter once again was sent to the Bench. It has to be taken into account that the petitioner is seeking compliance of the order of 'Lok Adalat's order/Award dated 13.1.2019 which is/was impermissible. The office of the High Court too has to be blamed as ignoring the said fact, it was entertained as a contempt petition.

7. As despite the opposite parties clear stand that amount has been credited in the Bank account of the petitioner, Mr. Shambhu Sharan Singh disputed it without any reply, the opposite parties filed supplementary show cause on 8.11.2023 in which the payment details made to this petitioner was brought

Patna High Court MJC No.10 of 2020(5) dt.23-02-2024 3/3 on record.

8. Mr. Shambhu Sharan Singh has now been replaced by Mr. Vivekanand Vivek by the petitioner who tried to impress upon the Court upon the merit of the case. However, in the opinion of the Court, it is complete abuse of the process of the Contempt Act.

9. In the aforesaid circumstance, the MJC No. 10 of 2020 is dismissed with a cost of Rs. 3000/- to be deposited by the petitioner, Krishnadeo Poddar to the Bihar State Legal Services Authority within a period of three weeks from today.

10. List this case under the heading "To be Mentioned" after four weeks.

(Rajiv Roy, J) Ravi/- U