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Patna High CourtMJC/4381/2018disposed

Chhote Lal Prasad v. Wife Of Not Known, Acting Authority Finance (P.C.C.) Department

2024-10-21Mr. Justice P. B. Bajanthri,Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4381 of 2018 In Letters Patent Appeal No.2285 of 2016 ====================================================== Chhote Lal Prasad Son of Shivdhari Singh Resident of Sanjay Gandhi Nagar Road no. 08/A Kali Mandir Road, Hanuman Nagar, Patna 26, retired Executive Engineer, R.C.D., Bihar, Patna ... ... Petitioner/s

Versus

1.

Wife of not Known, Acting authority Finance (P.C.C.) Department Bihar 2.

Mithilesh Kumar Singh Deputy Secretary, (Pra-Ka), R.C.D., Bihar Patna 3.

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the State :

Mr. P. K. Shahi, learned Advocate General :

Mr. Jitendra Kumar, A.C. to Ex-AAG-II ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 21-10-2024 None appears for the petitioner.

2. Mr. P. K. Shahi, learned Advocate General pointed out that petitioner admitted that all dues have been paid by his communication which has been placed on record as Annexure-A to fifth supplementary show-cause filed on behalf of the respondent-State. Thus, what remains in the present petition is whether petitioner is entitled to interest on settlement of all dues or not? On this issue, learned Advocate General on instruction submitted that petitioner was neither petitioner nor appellant in the cited proceedings. Third party proceedings have been

Patna High Court MJC No.4381 of 2018(9) dt.21-10-2024 2/2 initiated for extending certain monetary benefits. In those matters, there is no order of this Court insofar as extending interest on monetary benefits which was due to the concerned parties. Therefore, the petitioner is not entitled to interest on monetary settlement. If he is entitled in that event he is at liberty to approach the concerned authority by making a detailed representation. If such representation is submitted, the same shall be taken note of and consider the same and proceed to pass appropriate order within a period of three months from the date of receipt of such representation. The scope of contempt petition is limited to the extent that order of this Court has been complied or not? In the absence of any direction for payment of interest, the present contempt proceedings cannot be proceeded further. Accordingly, the present proceedings of M.J.C./contempt petition stands dropped.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Vikash/- U