Basudeo Prasad v. The State Of Bihar Through The Principal Secretary, Department Of Agriculture, Government Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3649 of 2017 ====================================================== Basudeo Prasad, Son of Late Dukkharan Singh, Resident of VillageKhaprailchak, P.S.- Parsa Bazar, District- Patna, presently residing at Aprajita Apartment, P.O.- Veterinary College, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Vikas Bhawan, Patna.

2. Mr. Sudhir Singh, the Principal Secretary, Department of Agriculture, Government of Bihar, Vikas Bhawan, Patna.

3. Mr. Sunil Kumar Singh, Agriculture Production Commissioner, Department of Agriculture, Government of Bihar, Vikas Bhawan, Patna.

4. Mr. Himanshu K. Rai, the Director, Agriculture, Government of Bihar, Vikas Bhawan, Patna.

5. Mr. Aditya Narayan Rai, the Joint Secretary-cum-Controller, Weight and Measure, Raja Bazar, Patna.

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

For the Petitioner/s :

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

Mr. Lokesh Kumar Singh, AC to AAG- 13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-02-2019 Heard Shri Ajit Kumar Singh, learned counsel for the applicant.

The allegation is of violation of the order dated 30th November, 2010. Against this judgment, a Letters Patent Appeal had been filed, that was allowed and the judgment of the learned Single Judge was set aside. The applicant approached the Apex Court and the Special Leave Petition was allowed and the judgment of the Division Bench was set aside. All this happened in the year 2011 itself as a result whereof, the applicant has instituted this contempt application once again for compliance of the judgment dated 30th November, 2010. The application has

Patna High Court MJC No.3649 of 2017(3) dt.08-02-2019 2/2 been filed in the year 2017.

Without entering into the question of limitation what the Court finds is, that without delaying the matter any further, on the time granted on 31st January, 2018 to file a show cause, the opposite party nos.1 to 4 have filed a show cause demonstrating compliance of the said judgement. In the background aforesaid, in the event, the applicant has any further grievance with regard to his other benefits, he can approach the appropriate authority as from the show cause filed by the opposite parties, it is evident that with regard to further benefits of the Gazetted post, the Director of Agriculture is not the competent authority. In that event, the claim of the applicant shall be forwarded by the Director to the competent authority in the State Government, who shall within three months finalize the claim of the applicant and intimate the applicant accordingly.

The contempt application stands disposed of with the said observations.

(Amreshwar Pratap Sahi, CJ) Sunil/- U