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Patna High CourtMJC/3336/2017disposed

Bijay Kant Jha v. The State Of Bihar Through Sri Sujata Chaturvedi The Finance Secretary, Govt. Of Bihar, Patna And O

2019-07-24Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3336 of 2017 In Civil Writ Jurisdiction Case No.7487 of 2017 ====================================================== Bijay Kant Jha S/o Late Dhaneshwar Jha, resident of Village- Navkarhi, P.S.- Arar, District- Madhubani.

... ... Petitioner

Versus

1.

The State Of Bihar Through Sri Sujata Chaturvedi The Finance Secretary, Govt. Of Bihar, Patna 2.

Prof. S.K. Singh, the Vice- Chancellor, L.N. Mithila University, Darbhanga. 3.

Dr. Ajit Kumar Singh, the Registrar, L.N. Mithila University, Darbhanga. 4.

Sri Keshav Mishra, Finance Officer, L.N. Mithila University, Darbhanga. 5.

Sri Manglanand Mishra, the Principal Kalidas Vidyapati Science College Uchchaith, Benipatti, Madhubani ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar Jha For the Opposite Party/s :

Mr.Ajay Kr. Rastogi - Aag 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned counsel for the L. N. Mithila University.

This application under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 has been filed by the petitioner for initiating contempt proceeding against the opposite party no.3 for his willful and deliberate disobedience to the order dated 30.06.2017 passed by this Court in CWJC No. 7487 of 2017.

The operative part of the order dated 30.06.2017 passed in CWJC No. 7487 of 2017 reads as under :-

Patna High Court MJC No.3336 of 2017(3) dt.24-07-2019 2/3 "... the petitioner is directed to file a representation before the Registrar, Lalit Narayan Mithila University within four weeks from today raising all his claims. In case such a representation is filed, the Registrar, Lalit Narayan Mithila University shall examine the claims of the petitioner and pass a reasoned order within three months. In case any amount is found due, the same shall also be paid to the petitioner within a period stipulated herein above. In case the claims of the petitioner are rejected, the reasons for the same should also be given."

In the show cause filed by the opposite party no.3, it has been stated that the representation of the petitioner dated 20.07.2017 in pursuance of the order dated 30.06.2017 passed in CWJC No. 7487 of 2017 has been disposed of by a reasoned order vide letter no. LC522/18 dated 05.10.2018. The said letter dated 05.10.2018 has been brought on record as Annexure-C to the show cause.

On perusal of Annexure-C to the show cause, I find that the order passed by this Court in the writ petition has been duly complied with.

In that view of the matter, no case for initiation of contempt proceeding against the opposite party no.3 is made

Patna High Court MJC No.3336 of 2017(3) dt.24-07-2019 3/3 out. The application is dismissed.

However, it is made clear that in case the petitioner is aggrieved by the order passed by the Registrar, L.N. Mithila University, as contained in Annexure-C to the show cause, he would be at liberty to challenge the same by way of filing an appropriate application.

(Ashwani Kumar Singh, J) Pradeep/- U