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Patna High CourtMJC/203/2017disposed

Sanjeet Kumar Ram And ORS v. The State Of Bihar And ORS

2017-09-20Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.203 of 2017 IN Civil Writ Jurisdiction Case No. 141 of 2015 ===========================================================

1. Sanjeet Kumar Ram, Son of Late Bhogendra Ram, R/o Village - Kishun Nagar, P.S. - Katra, District - Muzaffarpur.

2. Radheshaym Mandal @ Radheshyam Mandal, Son of Late Jogeshwar Mandal, R/o Village - Annugua, P.S. - Katra, District - Muzaffarpur.

3. Jhari Das, Son of Late Birju Das, R/o Village - Kishun Nagar, P.S. - Katra, District - Muzaffarpur.

4. Md. Rozai, Son of Late Baghelan, R/o Village - Anyaypur, P.S.- Katra, District- Muzaffarpur.

5. Harday Das @ Hirday Das, son of Ram Kishun Das, R/o Village - Kishun Nagar, P.S. - Katra, District - Muzaffarpur.

6. Rajendra Ram, Son of Jagdev Ram, R/o Village - Kishun Nagar, P.S. - Katra, District - Muzaffarpur.

7. Hare Ram Sharma, Son of Bharosh Sharma, R/o Village - Kishun Nagar, P.S. - Katra, District - Muzaffarpur.

8. Ram Chandra Das, Son of Gulab Das, R/o Village - Kharaj, P.S. - Katra, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mr. Sudhir Kumar, the Home Secretary, Govt. of Bihar, Patna.

3. Mr. Amir Subhani, the Home Commissioner, Govt. of Bihar, Patna.

4. Mr. P.K. Thakur, the Director General of Police, Govt. of Bihar, Patna.

5. Mr. Paras Nath, the Inspector General of Police, Tirhut Range, Muzaffarpur.

6. Mr. P.K. Shrivastava, the Deputy Inspector General of Police, Tirhut Range, Muzaffarpur.

7. Mr. Dharmendra Singh, the District Magistrate, Muzaffarpur.

8. Mr. Ranjit Kumar Mishra, the Senior Superintendent of Police, Muzaffarpur.

9. Mr. Mustafic Ahmad, the Deputy Superintendent of Police, Muzaffarpur.

10. Mr. Amarjeet Kumar, the Block Development Officer, Katra, Muzaffarpur.

11. Mr. Ram Eqwal Yadav, the Officer Incharge, Katra Police Station, Muzaffarpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 20-09-2017 Heard the parties.

This contempt application was filed alleging non-

Patna High Court MJC No.203 of 2017 dt.20-09-2017 compliance by the District Magistrate, Muzaffarpur to the order passed in an earlier contempt application arising from MJC No.3312 of 2015 which was disposed of by this Court taking note of the decision of the Committee chaired by the District Magistrate, Muzaffarpur bearing Memo No.1 dated 9.1.2016 placed on record vide Annexure 'D' to the show cause filed in the said contempt application, whereby a decision was taken to make payment of the admissible amount to the petitioners and others on their rehabilitation. The contempt application was disposed of by advising the District Magistrate, Muzaffarpur to ensure compliance of his directions. Since no follow up action was taken that the present contempt application has been filed.

A show cause is filed on behalf of the District Magistrate, Muzaffarpur enclosing a letter of the Senior Superintendent of Police, Muzaffarpur addressed to the District Magistrate, Muzaffarpur dated 17.3.2017 enclosing the receipt granted by these petitioners on receipt of the amount found admissible to them. Although Mr. Pramod Kumar Singh, learned counsel appearing for the petitioners disputes the amount paid to the petitioners on its quantification inter alia, on grounds that persons similarly placed have been paid higher amount but in my opinion, such issue cannot be raised by the petitioners in contempt

Patna High Court MJC No.203 of 2017 dt.20-09-2017 jurisdiction for the amount found admissible by the respondents have been paid to the petitioners. In case the petitioners are not satisfied by the rehabilitation amount granted to them they may take recourse to the remedy so available to them to question the action by filing an appropriate application before the appropriate forum but for the present the contempt application does not survive and is disposed of accordingly.

(Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25-09-2017 Transmission Date NA