Fulena Construction Pvt. Ltd. v. The State Of Bihar Through Mr. Sanjay Agrawal, Principal Secretary, Water Resources Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.162 of 2023 In Civil Writ Jurisdiction Case No.3840 of 2021 ====================================================== Fulena Construction Pvt. Ltd. through its Director, Shashi Singh, male, aged about 68 years, S/o Late Ram Deo Singh, R/o - Mohalla - Sri Krishna Nagar, P.O. and P.S. - Begusarai Sadar, District - Begusarai, Pin - 851101. ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Sanjay Agrawal, Principal Secretary, Water Resources Department Sinchai Bhawan, Old Secretariate, Govt. of Bihar, Patna.

2.

Mr. Sanjay Agrawal, Principal Secretary, Water Resources Department, Sinchai Bhawan, Old Secretariate, Govt. of Bihar, Patna. 3.

Mr. Shailendra, the Engineer-In-Chief, Flood Control and Drainage, Water Resources Department, Bihar, Patna.

4.

Mr. Anil Kumar, the Chief Engineer, Flood Control and Drainage, Water Resources Department Bhagalpur.

5.

Mr. Shashikant Sinha, Superintending Engineer, Flood Control Circle, Bhagalpur.

6.

Mr. Dinesh Kumar, the Executive Engineer, Flood Control Division Naugachia.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan For the Opposite Party/s :

Mr.Anjani Kumar (AAG 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 06-03-2024 The present MJC/ contempt petition is filed for non compliance of order dated 10.08.2022 passed in CWJC No. 3840 of 2021.

2. During pendency of the present petition, show cause has been filed while settling the petitioner's grievance in

Patna High Court MJC No.162 of 2023(3) dt.06-03-2024 2/2 respect of making certain payments. However, learned counsel for the petitioner on instruction disputed certain deductions made by the concerned authority.

3. If petitioner is disputing certain deductions with reference to payments made to him, it is a fresh cause of action and the same cannot be adjudicated in contempt of court proceedings.

4. Accordingly, the present MJC stands dropped reserving liberty to the petitioner to assail the disputed issue before the appropriate forum.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) shahzad/- U