Syed Zafar Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2539 of 2014 In Civil Writ Jurisdiction Case No. 4469 of 2007 ====================================================== Syed Zafar Hussain son of Late Mazhar Hussain at present working as Sample Collector Department of Soli Survey and Land Use Planning Scheme, Bihar Agriculture College, Sabour, P.O. and P.S. - Sabour, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Agriculture Production Commission, Department of Agriculture, Government of Bihar, Patna Shri Vivek Kumar Singh.

2. The Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna, Sri Ramesh Singh.

3. Bihar Agricultural University, Sabour, Bhagalpur, through its Registrar Dr. C.L. Maurya.

4. Dr. M.L. Chaudhary, the Principal, Bihar Agricultural College, Sabour, Bhagalpur.

.... .... Opp. Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Arun For the Opp. Parties : Mr. Avnish Nandan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-07-2015 Heard learned counsel for the parties.

Having regard to the nature of order passed by this Court in the connected writ application, this contempt application must be held to be wholly misconceived and ill advised. It is made clear that this Court had never given any positive direction and the order was hedged by several ifs and buts.

In that view of the matter, the grievance of the petitioner that despite the University had sent the matter for consideration to the State Government and the State Government

Patna High Court MJC No.2539 of 2014 (2) dt.07-07-2015 is sitting over the matter will never constitute a deliberate disobedience.

In that view of the matter, this Court is not inclined to initiate a proceeding of contempt but, nothing said in this order shall come in the way of the petitioners in impressing upon the State Government to decide the claim of the petitioner as has been forwarded by the University.

Nothing said in this order shall stand in the way of the petitioner in approaching this Court in writ jurisdiction if he can make out a case for it.

With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U