Patna High CourtMJC/3300/2013disposed

Laxman Yadav v. Sri Amarjit Singh And ORS.

2017-11-10The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3300 of 2013 In Civil Writ Jurisdiction Case No.10137 of 2011 ====================================================== Laxman Yadav, S/o Late Yamun Lal Yadav, Resident of Village/Mohalla Lobhayiya, P.S. Kashura, District Purnia, At Present Residing At Professors Colony, Rambag, P.S. Sadar, District Purnia.

... ... Petitioner/s

Versus

1. Sri Amarjit Sinha, The State of Bihar Through The Commissioner Cum Secretary, Human Resources Development Department, Bihar, Patna.

2. Sri Ashutosh, The Director, Secondary Education, Government Of Bihar, Patna.

3. Sri Rajmani Singh, The Bihar School Examination Board, Patna Through Its Chairman.

4. Sri Lalan Jha, The Secretary, Bihar School Examination Board, Patna.

5. Sri Lalan Jha, The Director, Secondary Education Bihar School Examination Board, Patna.

6. Sri Manish Kumar Verma, The District Magistrate, Purnia.

7. Sri Satendra Bhushan, The District Education Officer, Purnia.

8. Sri Raj Kumar, Sub Divisional Officer, Sadar, Purnia.

9. Sri Sudhir Kumar Sinha, Deputy Collector, Land And Revenue, Purnia Sadar.

10. Sri Parmanand Yadav, The Secretary, Pramandal Savitri Inter College, Harda, Purnia.

11. Sri Maithili Saran Singh, The Principal Pramandal Savitri Inter College, Harba, Purnia.

12. Sri Shiv Kumar S/o Shri Pramanand Yadav, At Present Mohalla Harda, P.S. K. Nagar (Muranga), District Purnia.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-11-2017 This application has been filed for initiating action for contempt on account of the fact that an interlocutory order passed on 16.02.2012 in a pending writ petition C.W.J.C. No. 10137 of 2011 restraining from payment to Respondent No. 12 from the funds released by the State Government has been

Patna High Court MJC No.3300 of 2013(4) dt.10-11-2017 2/2 violated.

Apart from the fact that the writ petition in question is still pending, from the show-cause filed by the State Government it is seen that even though some payments were released to Respondent No. 11 but they pertain to the grant payable to the Institute in question for the year 2009-10 i.e. for the period much before passing of the order on 06.12.2012. That being so, in the facts that have come on record, I am not inclined to initiate any action for contempt. In case the petitioner feels that there is deliberate breach or violation of any direction issued in the pending writ petition, he may file an appropriate application in the writ petition and seek direction from the Writ Court where the matter is already pending. With the aforesaid liberty to the petitioner, the application stands disposed of.

(Rajendra Menon, CJ) P.K.P.