Patna High CourtMJC/4167/2014dismissed

Smt. Buchiya v. The State Of Bihar And ORS

2015-02-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4167 of 2014 In Civil Writ Jurisdiction Case No. 4341 of 2007 ====================================================== Smt. Buchiya Daughter of Late Swadeshi, retired Sweeper Ward No. 4, Nutan Rajdhani Anchal Patna under Patna Municipal Corporation, Resident of Mohalla - Yarpur Domkhana, P.S. - Gardanibagh, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Urban Development Department, Govt. of Bihar.

2. The Patna Municipal Corporation through its Chief Executive Officer - Cum - Municipal Commissioner namely Kuldeep Narayan

3. Sri Kuldeep Narayan, Son of name not known The Chief Executive Officer - Cum - Municipal Commissioner, Patna Municipal Corporation, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the State : Mr. Sunil Kumar, A.C. to S.C. -2 For the P.M.C. : Mr. Ranjeet Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-02-2015 This is an application seeking initiation of contempt proceeding against the opposite parties for disobedience of this Court's order dated 13.05.2014 passed in C.W.J.C. No. 4341 of 2007. A show cause reply has been filed on behalf of Chief Executive Officer-cum-Municipal Commissioner, Patna stating that this Court's order has been complied with and two cheques worth Rs. 4,27,199/- (rupees four lacs twenty seven thousand one hundred ninety nine only) and Rs. 2,500/- (rupees two thousand five hundred only) have been issued in favour of the petitioner vide Cheques No. 085646 and 635979 issued on 14.02.2015 and

Patna High Court MJC No.4167 of 2014 (4) dt.18-02-2015 P2/2 16.02.2015 respectively.

Keeping in view the subsequent conduct of the opposite parties, I do not find any case of deliberate violation of this Court's order is made out.

Since the order, violation of which has been complained of, has been complied with, this application is dismissed. Learned counsel for the opposite parties submits that the petitioner may go to the Corporation Office and collect the said cheques.

Keeping in mind the status of the petitioner, I just observed that there should be no obstruction in handing over the said cheques to the petitioner.

This application is according dismissed with the observation as above.

(Chakradhari Sharan Singh, J.) Saif/- U