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Patna High CourtMJC/755/2012disposed

Dr. Anmol Mishra v. The State Of Bihar And ORS

2017-09-06Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.755 of 2012 In Civil Writ Jurisdiction Case No.17642 of 2011 ====================================================== Dr. Anmol Mishra , wife of Late Naresh Mohan Mishra , resident of Mohalla - Sipahi Tola, P.S.- Khazanchi Hat, District- Purnea ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Human Resources Development Department, Bihar, Patna, Namely Shri Anjani Kumar Singh 2.

B.N. Mandal University, Madhepura Through Its Registrar, Namely Dr. Ganesh Prasad 3.

The Vice-Chancellor, B.N. Mandal University, Madhepura, Namely Prof. Arun Kumar 4.

The Registrar, B.N. Mandal University, Madhepura, Namely Dr. Ganesh Prasad ... ... contemnors / opposite party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Choudhary For the contemnors / opposite party/:

AC to Advocate General Sri Raju Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-09-2017 Heard Sri Dinesh Choudhary, learned counsel for the petitioner , learned AC to Advocate General as well as Sri Raju Giri, learned counsel, who has appeared on behalf of B.N. Mandal University.

The present petition has been filed for initiating contempt proceeding against opposite parties on an allegation of willful disobedience to an order passed in CWJC No. 17642 of 2011. After filing of contempt petition number of show causes have been filed on behalf of the opposite parties and it was indicated that in compliance with the order of the writ court entire

Patna High Court MJC No.755 of 2012(25) dt.06-09-2017 2/2 payment was made. However, earlier a dispute was raised that interest on delayed payment was not paid. Thereafter, an affidavit by way of filing reply to the rejoinder it has been stated on behalf of B.N. Mandal University that interest was also calculated and same has been paid. However, learned counsel for the petitioner has raised a dispute regarding amount of interest. He submits that a meager amount of interest has been paid, whereas as per petitioner's calculation interest is higher than the interest amount paid by the B.N. Mandal University.

The court is of the opinion that in contempt proceeding it would be difficult to examine the claim regarding calculation of interest. Since all the admissible dues has been cleared with statutory interest, there is no reason to further keep the matter pending.

The contempt petition stands disposed of.

(Rakesh Kumar, J) praful/- U T