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Patna High CourtMJC/3547/2017disposed

Birendra Prasad Gupta v. The State Of Bihar And ORS

2019-04-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3547 of 2017 In Civil Writ Jurisdiction Case No.9409 of 2016 ====================================================== Birendra Prasad Gupta, son of Late Sita Ram Sao, Proprietor M/S Viccy Store, Resident of Village Tola Shiv Mandir Khatri Tola, Jehanabad, Police Station Jehanabad, District Jehanabad.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sri Manoj Kumar Singh, Son of not known, the District Magistrate, Jehanabad.

3.

Sri D. Gupta, Son of not known, the Civil Surgeon cum Chief Medical Officr, Jehanabad.

4.

Md. Anwar Alam, Son of not known, the District Programme Manager, District Health Society, Jehanabad 5.

Sri Krishna Kant Rai, Son of not known, the Deputy Superintendent, Amar Shahid Jagdeo Prasad Hospital, Jehanabad.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Prafull Chandra Jha, Advocate For the Opposite Party/s :

Mr. Chitaranjan Sinha - PAAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking initiation of contempt proceeding against the contemnors - opposite parties for violation of order dated 07.08.2017 passed by this Court in C.W.J.C. No. 9409 of 2016.

During the pendency of this contempt petition, a

Patna High Court MJC No.3547 of 2017(2) dt.10-04-2019 2/2 reasoned order has been passed by the respondent authority, whereby the petitioner has been given allowances for supply of food to the patients of the hospital.

Learned counsel for the petitioner submits that as per the agreement, the respondents have to pay Rs.100/- per patient, but instead, they have paid Rs.88.87/- per patient and that too in total amount 15% has been reduced by way of compensation.

These issues cannot be decided in the present proceeding. The petitioner, if so advised, may challenge the order of the respondent authority before the appropriate Forum/Court.

Accordingly, this contempt petition is disposed of. (Shivaji Pandey, J) pawan/- U