Sufia Hassan And ORS. v. The State Of Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5886 of 2011 ====================================================== (i) Sufia Hassan wife of Late Shabbir Hassan (ii) Dr. Parwez son of Late Shabbir Hassan (iii) Rubina Shaheen D/o Late Shabbir Hassan Resident of House No. 140, Patliputra Colony Near Post office, P.S. Patliputra District Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Shri Prate Amrit Principal Secretary, Road Construction Department, Bihar, Patna

3. Shri Narendra Prasad, Chief Engineer, Road Construction Department, Setu Nirupan Anchal, Patna

4. Shri Salman Ahmad Superintending Engineer, Road Construction Department, Setle Nirupan Anchal, Patna

5. Shri Pralahad Verma Account Officer, Setu Nirupan Anchal, Road Construction Department, Patna

6. Shri Brajesh District Provident Fund Officer, Patna

7. Shri I.D.S., Dhariwal, Accountant General, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-08-2016 Heard learned counsel for the petitioners , Sri Jitendra Kumar Roy, learned SC No. 13 as well as learned counsel for the Accountant General, Bihar.

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an interim order dated 29.3.2011 and 28.6.2011 passed in CWJC No. 5561 of 2011 .

Learned counsel for the petitioners at the very outset

Patna High Court MJC No.5886 of 2011 (22) dt.03-08-2016 2/2 accepts that all the other benefits have already been given save and except the claim of grant of relief under the A.C.P. scheme. He accepts that writ petition was pending but virtually it stood dismissed due to non- prosecution for which he has filed a restoration petition.

Since the claim made for initiating contempt proceeding on an allegation of so-called disobedience of an interim order which was passed in the writ petition which stood dismissed due to non -prosecution and restoration petition is pending, there is no need to pass any favourable order in the present petition.

The contempt petition stands disposed of.

It goes without saying that if writ petition is restored, the petitioners may raise the grievance before the writ court. (Rakesh Kumar, J) Praful/- U