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Patna High CourtMJC/1690/2019disposed

Nakul Kumar v. The State Of Bihar,

2025-04-22Mr. Justice Nani Tagia4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1690 of 2019 In Civil Writ Jurisdiction Case No.7778 of 2017 ====================================================== 1.

Nakul Kumar Son of Basani Choudhary Resident of Village Phulwarisharif, District Patna.

2.

Rajat Kumar Son of Om Kripal Rawal Resident of Quarter No.483A Neora Colony, P.S. Khagaul, District Patna.

3.

Sonu Kumar Son of Vijay Paswan Resident of Village Uilar, P.S. Dulhin Bazar, District Patna.

4.

Rahul Kumar Son of Tejo Choudhary Resident of Village Navsa, Nawada, P.S. Phulwarisharif, District Patna.

5.

Raushan Kumar Son of Kauleshwar Paswan Resident of Village Chhoti Tengraila, P.S. Naubatpur, District Patna.

6.

Jyoti Kumari D/o Deepnarayan Paswan Resident of Village Laihiyarchak, P.S. Phulwarisharif, District Patna.

7.

Dhananjay Kumar Son of Nagendra Paswan Resident of Village Sabarchak, P.S. Naubatpur, District Patna.

8.

Vivek Raj Son of Ram Jivan Raj Resident of Village-Gedaipur, P.S. Naubatpur, District Patna.

9.

Pankaj Kumar Son of Akhilesh Choudhary Resident of Village Akhtiyarpur, P.S. Bikram, District Patna.

10.

Mohitesh Kumar Mohit Son of Suresh Paswan Resident of Village Tarwan, P.S. Parsa Bazar, District Patna.

11.

Jay Hanuman Son of Lal Mohar Ram Resident of Village Bishunpur, P.S. Badhrea, District Bhojpur.

12.

Maneesh Kumar Son of Heeraman Choudhary Resident of Village Chiraura, P.S. Naubatpur, District Patna.

13.

Ranju Kumari D/o Deo Kumar Ram Resident of Village-Behrama, P.S. Punpun, District Patna.

14.

Deepak Kumar Son of Ravindra Choudhary Resident of Village Shorampur, P.S. Janipur, District Patna.

15.

Lal Mohan Choudhary Son of Lal Bahadur Choudhary Resident of Village Bela, P.O. Lah, P.S. Punpun, District Patna.

16.

Baban Kumar Son of Lal Das Ravidas Resident of Village Shorampur, P.S. Naubatpur, District Patna.

17.

Ankita Kumari D/o Satyendra Paswan Resident of Village Busaila, Danapur, P.S. Phulwarisharif, District Patna.

18.

Ritu Raj Son of Ram Janam Raj Resident of Village Gadaipur, P.S. Naubatpur, District Patna.

19.

Dharambeer Kumar Son of Rajesh Choudhary Resident of Village Chhoti Khagaul, Nimtalla Road, P.S. Khagaul, District Patna. 20.

Nisha Kumari D/o Arovit Paswan Resident of Village-Saristabad, Police

2/4 Station-Naubatpur, District-Patna.

21.

Reena Kumari D/o Aron Paswan Resident of Village-Saristabad, Police Station-Naubatpur, District-Patna.

22.

Rahul Kumar Son of Tejo Chaudhary Resident of Village-Navsa Nawada, Police Station-Phulwarisharif, District-Patna. 23.

Arti Kumari D/o Bithal Ravidas Resident of Village-Behrama, Police Station-Punpun, District-Patna.

24.

Gautam Kumar Son of Minta Ram Resident of Village-Haridaspur, Police Station-Rupaspur, District-Patna.

25.

Kunwar Vijay Ravidas Son of Raj Kumar Das Resident of VillageDariyapur, Police Station-Naubatpur, District-Patna. 26.

Jay Ram Kumar Son of Lakshuman Choudhary Resident of Villag-Arap, Police Station-Bikram, District-Patna Session 2012-14. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Mr. Deepak Kumar, the Chief Secretary, Govt. of Bihar, Patna.

2.

Mr. Prem Singh Mina, the Secretary, Scheduled Castes and Scheduled Tribes Welfare Department, Govt. of Bihar, Patna.

3.

Mr. Sanjay Sharma, the District Welfare Officer, Patna. 4.

Union of India through Mr. G. Lakha Krishna Rao, the Secretary, Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi. 5.

Mr. Bimal Kumar, the Principal Creative Industrial Training Centre Vllage Naharpura, P.S. Janipur, District Patna.

6.

Mr. Vijay Kumar, The Principal Jagatrain Kunwar Pvt. ITI. Village Aropur, P.S. Naubatpur, District Patna.

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

For the Petitioner/s :

Mr. Shailesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Gyan Prakash Ojha (GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 22-04-2025 Heard learned counsel for the parties.

2. This contempt petition has been filed alleging violation of the order dated 19.01.2018 passed in C.W.J.C. No. 7778 of 2017, wherein, this Court , in paragraph no. 7, had passed the following order:

3/4 "7. This application is, therefore, also disposed of in terms of the said order of this Court dated 15.12.2015, passed in CWJC No.

11305 of 2016. The amount of scholarship must be released within a period of three months from the date of receipt/production of a copy of this order."

3. Opposite Party Nos. 2 and 3 have filed a show cause, wherein, in paragraph nos. 4, 5, 6 & 7, it has been stated as under:

"4. That it is submitted that in pursuance of the aforesaid order dated 19.01.2018 by the Hon'ble Court, the answering opposite parties have perused the claim of the petitioners out of 90 petitioners, the claim of the 30 petitioners have been rejected due to various causes.

5. That the claim of differential amount of the remaining 60 petitioner has been contained in Memo No. 174 dated 27.11.2015 which prescribes that the maximum limit of scholarship payable to the students of I.T.I. are Rs. 30,000/-. The tuition fee of Creative ITC is Rs.

23,500/- and tuition fee of Jagtaran Kunwar Pvt. I.T.I. is Rs. 26,500/-

6. That the petitioners have already been pad Rs. 5000/-.

Therefore, after deduction of the said Rs. 5000/-, the remaining 18500/- of differential amount of the student of

4/4 Creative I.T.C. and Rs. 21500/- of differential amount of the student of Jagtaran Kunwar Pvt. I.T.I. found to be payable.

7. That according the differential amount of Rs. 799200/- for 37 student of Creative ITC and Rs.

494500/- for 23 students of Jagtaran Kunwar Pvt. I.T.I. total Rs. 1293700/- has been calculated and the concerned bank i.e. the bandhan Bank has been directed to transfer the said amount to the concerned Creative ITC and Jagtaran Kunwar Pvt. I.T.I. for its disbursement to the students (the petitioners herein) vide Memo No. 13 dated 28.05.2019 & the bank did so hence the amount has already been paid. "

4. On perusal of the show cause filed by the O.P. Nos. 2 and 3 as extracted hereinabove, I find that the order dated 19.01.2018 passed in C.W.J.C. No. 7778 of 2017 has been complied with by the respondents.

5. Accordingly, the contempt petition stands closed and disposed of.

(Nani Tagia, J) Nilmani/- U