Sujit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.919 of 2018 Arising Out of PS. Case No.-863 Year-2017 Thana- KHAZANIHAT District- Purnia ====================================================== Sujit Kumar & Anr ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-12-2018 The present contempt application has been filed for initiating contempt proceedings against the opposite party for quashing the order dated 28.06.2017 passed in C.W.J.C. No.8955 of 2011, the operative part of the order reads as under: "10. As such, this Court is persuaded to accept the prayer of the writ petitioner and direct the release of the amount due to him along with interest at the market rate from the date it fell due to the date of actual payment. The authorities shall refund the amount so withheld being Rs.4,62,038/- (Four lacs sixty-two thousand thirty eight only) and other such prayers referred to in paragraph 1 of the writ application, within a period of three months from the date of receipt/production of a copy of this judgment."

It is submitted by learned counsel for the petitioner that earlier when the matter was taken up, though no show cause

Patna High Court Cr.Misc. No.919 of 2018(8) dt.14-12-2018 2/2 notice has been filed, the State authorities had submitted that the order will be complied with and therefore, an adjournment should be granted so as to enable the State to ensure compliance of this Court's order.

However, today also, learned counsel for the State submits that the process of compliance is under way and the payments will be made by the second week of January 2019. List this case under the same heading on 16th of January, 2019, so as to enable the opposite parties to file a compliance report, failing which this Court shall be constrained to initiate contempt proceeding against the opposite party. (Anjana Mishra, J) khushbu/-rakesh U