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Patna High CourtMJC/499/2025disposed

Lal Jha v. The State Of Bihar Through Dr. B. Rajendra, The Principal Secretary,

2025-06-20Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.499 of 2025 In Civil Writ Jurisdiction Case No.2112 of 2024 ====================================================== Lal Jha Son of Late Mahesh Nath Jha, Resident of Mohalla- Kabraghat, Darbhanga, P.S.- L.N.M.U. Campus, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Dr. B. Rajendra, the Principal Secretary, Rural Works Department, Visheshwarya Bhawan Bailey Road, Patna. 2.

Shri Kishore Kumar son of name not known to the petitioner, at present Chief Engineer- 3/6, Rural Works Department, Visheshwarya Bhawan, Now Old Secretariat, Patna.

3.

Sri Sanjay Kumar son of name not known to the petitioner at present Additional Chief Executive Officer, Rural Works Department, Visheshwarya Bhawan, Bailey Road, Patna.

4.

Sri Deep Narayan Prasad, son of name not known to the petitioner at present Superintending Engineer, Rural Works Department, Visheshwarya Bhawan (SIC) Work Circle, Madhubani.

5.

Sri Brajesh Kumar, son of name not known to the petitioner, at present Executive Engineer, Rural Works Department, Work Division, Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kripa Nand Jha, Adv.

For the Opposite Party/s :

Mr.Standing Counsel16 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-06-2025 Learned counsel for the petitioner has stated that pursuant to the order dated 22.07.2024 passed in C.W.J.C. No. 2112 of 2024 the petitioner has made a suitable representation to the authority on 21.08.2024. However, the authority without going into the merits of the case or making a spot inspection or giving an opportunity of hearing to the petitioner has rejected the same vide Memo No. 1455 dated 17.12.2024 read with corrigendum Memo No. 1513 dated 31.12.2024. Learned

Patna High Court MJC No.499 of 2025(3) dt.20-06-2025 2/3 counsel for the petitioner has stated that the act of the opposite parties in rejecting the claim of the petitioner without any verification or giving an opportunity of hearing to the petitioner amounts to deliberate violation of the order passed by this Hon'ble Court and seeks punishment of the opposite parties.

2. This Court vide order dated 22.07.2024 passed in C.W.J.C. No. 2112 of 2024 has directed the petitioner to make a representation to the authority and directed the authority to verify and pass necessary orders for payment and in case the claim of the petitioner is found to be genuine make necessary payment and in case the authority comes to the conclusion that the claim of the petitioner does not merit any consideration they were directed to pass speaking order. The authorities have passed the order vide Memo No. 1455 dated 17.12.2024 read with corrigendum Memo No. 1513 dated 31.12.2024.

3. This Court sitting under the Contempt of Courts Act, 1971, cannot go into the merits of the order passed by the authority. Once the order is complied the only remedy is available to the petitioner is to challenge the Memo No. 1455 dated 17.12.2024 read with corrigendum Memo No. 1513 dated 31.12.2024.

4. Having regard to the same the contempt is closed

Patna High Court MJC No.499 of 2025(3) dt.20-06-2025 3/3 granting liberty to the petitioner to challenge the Memo No. 1455 dated 17.12.2024 read with corrigendum Memo No. 1513 dated 31.12.2024.

5. With the above direction, the contempt stands closed.

(A. Abhishek Reddy , J) Shamshad/- U