Patna High CourtMJC/173/2015dismissed

Bhavash Prasad Tiwari v. The State Of Bihar And ORS

2017-11-30Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.173 of 2015 In Civil Writ Jurisdiction Case No. 4319 of 2013 ======================================================

1. Bhavash Prasad Tiwari S/o Sri Kamleshwar Prasad Tiwari R/o Vill. - Madarpur, P.S. - Gogari j, Dist - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar through The Principal Secretary Rural Development Department, Bihar, Patna.

2. The Deputy Development Commissioner, Begusarai.

3. The District Engineer, Zila Parisad, Begusarai.

4. The Assistant Engineer, Zila Parisad, Begusarai.

5. The Additional Chief Executive Officer, Zila Parisad, Begusarai.

6. The Executive Engineer, N.R.E.P., Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Zila Parishad : Mr. Siddharth Shankar Pndey For the State : Mr. Kumar Kamal Nayan, A.C. to S.C.-28 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-11-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

As per direction contained in the order under contempt, it has been submitted by learned counsel for the State that certain undisputed amounts have been released in his favour, but on account of some audit objection raised, it has been denied to him. Thus, there is no willful disobedience of the orders passed by this Court and the contempt application can reach its logical conclusion.

Learned counsel for the petitioner however, submits that the audit objection is wholly misconceived.

Patna High Court MJC No.173 of 2015 (10) dt.30-11-2017 2/2 Be that as it may, since payments have been made in pursuance of the order passed by this Court, no case of contempt is made out against the concerned opposite parties. The contempt application is, accordingly, dismissed with liberty to the petitioner to approach the authorities for his disputed claims in accordance with law.

(Anjana Mishra, J) Saif/- U