Shibbu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1340 of 2023 In Civil Writ Jurisdiction Case No.2246 of 2022 ====================================================== Shibbu Singh S/o Dinanath Singh R/o-Flat No. 104, Sarva Kung Apartment, Road No. 01, Near Rajdhani Apartment Lane, Mahesh Naar, PO Patliputra, District-Patna, 800023.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, State Taxes, Government of Bihar, Patna.

2.

Smt Dr. Pratima, the Commissioner cum Secretary, Commercial Tax Department, Govt. of Bihar, Patna.

3.

Sri Pankaj Pal, the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

4.

Sri Pankaj Kumar, the Additional Commissioner State Tax (Appeals), West Division, Patna.

5.

Sri Aditya Narayan, the Joint Commissioner, State Taxes Department, Patna Central Circle, Patna.

6.

Sri Prasoon Pushkar, the Assistant Commissioner, State Taxes, Patna Central Circle, Patna.

7.

Sri Ashok Kumar Mishra,The Engineer in Chief, Rural Works Department, Government of Bihar, Patna.

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

For the Petitioner/s :

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

Mr. Vivek Prasad, GP 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2023

1. The contempt case has been filed arising from a judgment which remanded the issue to be considered by the appropriate authority in terms of the judgment and order dated 05.07.2019 in C.W.J.C. No. 1452 of 2019 (M/S Jai Bhawani Construction versus Union of India & Ors.). As of now a

Patna High Court MJC No.1340 of 2023(7) dt.20-09-2023 2/2 consideration has been made and it is also stated that certain payments are directed to be made which will be done expeditiously.

2. We are of the opinion that there is no deliberate contempt coming out from the judgment, however, if the petitioner is aggrieved in any manner with respect to the orders passed on remand, he will be free to challenge it even after accepting the payments, now directed to be made, under protest.

3. The application stands disposed of.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Bibhash/Shiv U