Patna High CourtMJC/1442/2024disposed

Vinay Kumar @ Vinay Kumar Singh v. The State Of Bihar

2025-08-29Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1442 of 2024 In Civil Writ Jurisdiction Case No.2193 of 2018 ====================================================== Vinay Kumar @ Vinay Kumar Singh Son of Late Parmanand Singh Resident of Village-Mustafapur, P.O. and P.S.- Khagaul, District- Patna. ... ... Petitioner/s

Versus

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 State :

Mr. Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2025 Heard Mr. Lalan Kumar Singh, learned counsel for the petitioner and learned counsel representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"for initiating the proceeding of contempt against the contemnor/opposite parties for intentionally, willfully and deliberately violation of the order/judgment dated 18.09.2023 passed in CWJC No. 2193 of 2018 by this Court."

3. Though the show cause is not on record, the petitioner has received the same on 27.08.2025 according to

Patna High Court MJC No.1442 of 2024(3) dt.29-08-2025 2/3 which vide reasoned order dated 07.02.2024, the same stands rejected.

4. Mr. Lalan Kumar Singh, learned counsel for the petitioner submits that though they have not recorded why it was not considered in the light of CWJC No. 11533 of 2018 (disposed of on 12.05.2023), concedes that the State has gone in appeal against the said order passed by the Patna High Court.

5. A reasoned order has been passed, CWJC No. 11533 of 2018 has been challenged, in that background, this Court disposes of the contempt petition granting liberty to the petitioner to take fresh steps in accordance with law after the disposal of LPA No. 1121 of 2023.

6. So far as the show cause is concerned, it was put on oath on 28.01.2025 and according to the learned counsel for the State, it has been filed on 12.08.2025 and copy was handed over to learned counsel for the petitioner on 27.08.2025. For the record, the office has not attached the show cause with the file.

7. Office to take steps and attach the show cause which according to the website has been filed on 12.08.2025.

8. On the delay of service of copy/filing, this Court deems it appropriate that fo the said office pays Rs.1,000/- to the learned counsel for the petitioner, Mr. Lalan Kumar Singh. The

Patna High Court MJC No.1442 of 2024(3) dt.29-08-2025 3/3 office of the State counsel is free to realize the amount from the clerk who kep the show cause in the files for seven months.

9. The State shall be handing over Rs.1,000/- to Mr. Lalan Kumar Singh, learned counsel for the petitioner within a week and the receipt shall be filed in the office. Failure to do so, steps shall be taken for the realization of amount in accordance with law.

10. The MJC No. 1442 of 2024 stands disposed of. (Rajiv Roy, J) vinayak/- U