Shankar Kumar Dutta v. The State Of Bihar Through The Principal Secretary, Food And Consumer Protection Department, Govt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.226 of 2018 In Civil Writ Jurisdiction Case No.10074 of 2014 ====================================================== Shankar Kumar Dutta, Son of Late Mohini Mohan Dutta, Resident of Durga Asthan, Colony No. 1 (Opp. Shipri Singh Nursing Home), Katihar, P.O. and P.S.-Katihar, District- Katihar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. 2.

Sri Brajesh Mehrotra, Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Vir Chand Patel Marg, Patna through its Managing Director. 4.

Sri Pankaj Kumar, the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Virchand Patel Marg, Patna. 5.

Sri Birendra Nath Gupta, the District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Araria, District-Araria. 6.

Sri Barat Bushan Gupta, the District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Katihar, District-Katihar. 7.

Sri Suresh Prasad, the District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Purnea, District-Purnea.

8.

Sri R.P. Rai, the Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Adampur, Bhagalpur. ... ... Contemnors/Opposite Parties ====================================================== Appearance :

For the Petitioner :

Md. Musowir, Advocate For the Opposite Parties :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 25-09-2019 This application has been filed by the petitioner for initiation of a contempt proceeding against the opposite parties for

Patna High Court MJC No.226 of 2018 dt.25-09-2019 2/3 wilfully and intentionally not complying with the order dated 19.06.2017 passed in C.W.J.C. No.10074 of 2014.

2. It is submitted by the learned counsel for the petitioner that by order dated 19.06.2017 the petitioner was directed to file representation raising all his claims before the District Manager, Bihar State Food and Civil Supplies Corporation Limited, Araria and the Corporation was directed to examine the claims of the petitioner and pass a reasoned order dealing with each of his claims within a period of two months. He contended that after the order was passed the Deputy Manager, Administration, Headquarter, Patna has passed an order dated 13.09.2019 whereby a direction has been issued to the District Manager, State Food Corporation, Araria to pay Rs.1,89,315.00/- to the petitioner. He submitted that many other claims of the petitioner have yet not been determined and the petitioner has not been paid all his legal dues.

3. Be that as it may, since the reprsentation of the petitioner has been disposed of, in the opinion of this Court, no case for initiation of contempt proceeding is made out.

4. The application is dismissed with liberty to the petitioner that, if so advised, he may challenge the order dated 30.09.2019 whereby his remaining claims have not been decided

Patna High Court MJC No.226 of 2018 dt.25-09-2019 3/3 by way of filing an appropriate application under Article 226 of the Constitution of India.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.10.2019 Transmission Date NA