Patna High CourtMJC/1385/2015dismissed

Ashutosh Kumar v. The State Of Bihar And ORS

2016-06-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1385 of 2015 IN Civil Writ Jurisdiction Case No. 19860 of 2011 =========================================================== Ashutosh Kumar, S/o Late Ram Naresh Singh, R/o Village- Dehura, P.O.- Rabai, P.S.- Alipur, District- Gaya, at present residing near the Bagicha School, Road No. 2, Chotki Delha, Dist.- Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. Zila Parishad, Gaya, District- Gaya, through its Chairman, Smt. Sudha Devi

3. Shri Vijay Kumar, the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Gaya, District Gaya

4. Shri Sanjay Agrawal, District Magistrate, Gaya, District- Gaya

5. Smt. Sudha Devi, Chairman of Zila Parishad, Gaya, District- Gaya .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Shardanand Mishra, Advocate Mr. Deepak Kumar, Advocate For the Opposite Parties Zila Parishad and D.D.C., Gaya : Mr. Rajan Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 22-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the Zila Parishad, Gaya has produced before this Court, a cheque issued in favour of Ashutosh Kumar, the petitioner in compliance of this Court's order dated 09.10.2014 which has been handed over to Mr. Deepak Kumar, learned counsel for the petitioner in the Court itself. Considering the subsequent conduct of the opposite

Patna High Court MJC No.1385 of 2015 dt.22-06-2016 2/2 parties, I am of the view that no case of deliberate disobedience of this Court is made out. Accordingly, this contempt proceeding is dropped and the petition is dismissed.

It goes without saying that the Zila Parishad, Gaya shall have liberty to take recourse to law for realization of money, which according to them was lying with the deceased employee. (Chakradhari Sharan Singh, J) Vats/- U