Ashraf Ali Khan v. Vinod Singh, Managing Director, Bihar State Land Development Bank, Patna And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.644 of 2014 In Civil Writ Jurisdiction Case No. 9767 of 2013 ====================================================== Ashraf Ali Khan S/O Late Suleman Khan Resident Of Mohalla Baniyapatti, P.S. Motihari Town, District East Champaran.
.... .... Petitioner/s
Versus
1. Vinod Singh, Managing Director, Bihar State Land Development Bank, Bihar, Patna.
2. Vishwaranjan Singh, the Branch Manager, Motihari Branch, Bihar State Land Development Bank, Motihari.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Respondent/s : Mr. Rajesh Prasad Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ----------- 07-01-2015 Heard the parties.
The petitioner has filed the present application raising a grievance that opposite parties have not carried out order/direction dated 15.05.2013 passed in CWJC No. 9767 of 2013 (Annexure-1) by this Bench and thereby they are liable to be punished for committing the contempt of this Court. A show cause has been filed on behalf of the opposite party nos. 1 and 2 stating therein that in compliance of the order dated 15.05.2013 (Annexure-1) passed by this Bench, the representation filed on behalf of the petitioner has finally been disposed of by order dated 28.09.2013 (Annexure-A to the show cause) where the claim raised on behalf of the petitioner has been held to be admissible but payment of arrears has been directed to be made in instalments as per order/direction dated 13.05.2013 passed in CWJC No. 14799 of 2012 and its analogous cases. On instruction from the opposite party no.1,
Patna High Court MJC No.644 of 2014 (3) dt.07-01-2015 2/2 Mr.Rajesh Prasad Choudhary, learned counsel, has submitted that by way of first installment the petitioner shall be paid a sum of Rs.50,000/-(Rupees fifty thousand) within a period of one month from the date of receipt/production of a copy of this order and thereafter the remaining amount shall be paid as per aforesaid order dated 28.09.2013.
In view of the fair stand taken by the learned counsel appearing on behalf of the opposite parties, on instruction, the present application is disposed of with a direction to the opposite parties to pay a sum of Rs.50,000/-(Rupees fifty thousand) to the petitioner within the time prescribed above and remaining amount shall be paid to him as per direction dated 28.09.2013 given in Annexure-A to the show cause. However, it is clarified that if the present order is not complied with and the matter is brought to the notice of this Bench, the matter shall be viewed seriously and the Court may consider for initiation of a proceeding of contempt against the opposite parties.
The present application thus stands disposed of with the observations/directions made above.
(Birendra Prasad Verma, J) Tahir/- U