Patna High CourtMJC/2576/2017disposed

Laxmi Construction @ Electrial Works Through Its Authorised Signatory Namely Chandradeep Singh v. The State Of Bihar Through Principal Secretary, Mr. Chaityna Prasad, Urban And Housing Department,

2019-02-20Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2576 of 2017 In Civil Writ Jurisdiction Case No.5088 of 2017 ====================================================== Laxmi Construction @ Electrical Works Through Its Authorized Signatory Namely Chandradeep Singh, son of late Girdhari Singh, having office at Ward No.20, House No. 395, Laxmipur, Siswan Road, P.S. Siwan Sadar, Dist. Siwan.

... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary, Mr. Chaityna Prasad, Urban and Housing Department, Government of Bihar, Patna.

2. The Special Secretary, Narendra Kumar Singh, Urban Development and Housing Department, Government of Bihar, Patna.

3. The District Magistrate, Naushad Yusuf, Begusarai.

4. The Nagar Nigam Begusarai through its Municipal Commissioner, Rajeev Kumar Srivastava.

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

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Opposite Party/s :

Mr.Yogendra Prasad Sinha - AAG 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and counsel for the State.

The matter relates to contempt proceeding for violating the order of this Court dated 10.05.2017 passed in C.W.J.C. No. 5088 of 2017 and, on different dates, the Court has already directed for payment of admitted dues to the petitioner. The amount of Rs. 24 lacs has been paid to the petitioner.

A rejoinder to show-cause has been filed on 13.2.2019 making an allegation in paragraph no.7 that for the same item, they have made deduction for three times for single item which

Patna High Court MJC No.2576 of 2017(4) dt.20-02-2019 2/2 is completely illegal and cannot be sustained in law but, in a contempt proceeding, there cannot be an adjudication of dispute between the parties.

The petitioner, if so advised, may file his objection before the authority concerned who will examine the same and will decide the issue within a period of six months from the date of receipt/production of a copy of this order. It is made clear that if the wrong deduction is there, it will carry interest over the same.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) rishi/- U