Ram Naresh Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2711 of 2013 In Civil Writ Jurisdiction Case No. 21245 of 2011 ====================================================== Ram Naresh Mishra, Secretary Phulmati Girls High School, Panan Mahuawan, P.S. Kateya, District Gopalganj son of Late Ram Chij Mishra Resident Of Village Panan Mahuawan, Post Sohnaria, P.S. Kateya, District Gopalganj.

.... .... Petitioner

Versus

1. The State Of Bihar.

2. Shri Amarjit Sinha son of Not Known The Principal Secretary, Human Resources Development Department, Government Of Bihar, Patna.

3. Shri Kamal Kumar Sinha son of Not Known The Director, Secondary Education, Directorate Of Secondary Education, Human Resource Development Department, Government Of Bihar, Patna.

4. Shri Ajit Kumar son of Not Known The Deputy Director, Secondary Education, Directorate Of Secondary Education (Non Financial Cell), Human Resource Development Department, Government Of Bihar, Patna.

5. Shri Yogesh Chandra Singh son of Not Known The Regional Deputy Director (Education), Saran Division, Chapra.

6. Shri Suresh Prasad son of Not Known The District Education Officer, Gopalganj.

7. Shri Krishna Mohan son of Not Known The District Magistrate, Gopalganj.

8. Shri Arun Thakur son of Not Known The District Programme Officer (Establishment And Accounts), Gopalganj.

9. Shri Shyam Bahadur Singh son of Not Known The Block Education Officer, Block Kateya, District Gopalganj.

10. Shri Lalan Jha son of Not Known The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner :

For the Opposite Parties : Sri Mrigendra Kumar , AC to GA No. 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

Patna High Court MJC No.2711 of 2013 (6) dt.30-01-2015 2/3 30-01-2015 Heard learned counsel for the petitioner, Sri Mrigendra Kumar , learned AC to GA No. 11 and learned counsel, who appears on behalf of Bihar School Examination Board. The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an order dated 2.1.2012 passed in CWJC No.21245 of 2011.

The petitioner, who claims to be Secretary of Phulmati Girls High School has prayed for initiating contempt on the plea that despite strict order passed by this court the State has allocated fund to one Shri Jay Nath Pandey who is representing the Phulmati Girls High School. On perusal of the order it is evident that this court had recorded the following observation:- "......Unless and until the State respondents are not fully satisfied of the locus of the petitioner or respondent no.

16, Sri Pandey, it shall not release any further grant in aid to either party...." Learned State Counsel accepts that fund has been allocated but not allocated either to the petitioner or to Sri Sita Ram Pandey, who was respondent no. 16 in the writ petition. In view of the fact that no fund has been released either in favour of the petitioner or Sri Sita Ram Pandey, there is no

Patna High Court MJC No.2711 of 2013 (6) dt.30-01-2015 3/3 point to consider the case.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U