Nagendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1441 of 2024 In Civil Writ Jurisdiction Case No.1386 of 2018 ====================================================== Nagendra Prasad Son of Late Ghana Singh Resident of Village and P.O.- Raghour, P.S.- Jyrawanpur @ Jurawanpur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mr. Ashok Kumar, Engineer-in-chief-cum- Special Secretary, Public Health Engineering Department, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2025 Learned counsel for the petitioner and learned counsel for the State are present.

2. Learned counsel for the petitioner submits that the concerned respondent is under contempt as there is willfully disobedience of the Court's order dated 30.10.2023, passed in CWJC No. 1386 of 2018. Counsel further submits that it was the specific direction to the Engineer-in-chief-cum-Special Secretary, Public Health Engineering Department, Bihar, Patna to pass a reasoned and speaking order on the representation filed by the petitioner within 60 days from date of production of this order, considering the Bihar State Litigation Policy, 2011.

3. Learned counsel for the State, on the other hand,

Patna High Court MJC No.1441 of 2024(2) dt.18-04-2025 2/2 submits that in compliance of the Hon'ble Court's order, a reasoned and speaking order has been passed in which plea has been taken that the decisions on which petitioner is relying under the Bihar State Litigation Policy itself indicates that the said decisions shall not be made examples for other persons to be used.

4. As such, it transpires to this Court that it is not a case of willfully disobedience.

5. In this background, the present contempt proceeding is hereby dropped. The petitioner shall be at liberty to challenge the order passed by the Engineer-in-chief-cumSpecial Secretary, Public Health Engineering Department, contained in memo No. 242, dated 21.02.2024 but in accordance with law.

6. Accordingly, the present writ petition stands dismissed.

(Dr. Anshuman, J.) Aman Kumar/- U