Bindeshwar Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2820 of 2014 In Civil Writ Jurisdiction Case No. 11089 of 2010 ======================================================

1. Bindeshwar Thakur Son of Late Ram Bahadur Thakur Resident of Village-Baingra, P.S.-Saharghat, District-Madhubani .... Petitioner

Versus

1. The State of Bihar

2. A. Sinha, Principal Secretary, Department of Education, Bihar, Patna.

3. Manish Kumar, The Director, Primary Education, Bihar, Patna.

4. Mr. Vinod Kumar Vimal, The District Superintendent of Education Madhubani, (Now known as District Programme Officer (estab.). .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Thakur-2, Adv. For the Opposite Parties : Mr. Ashok Priyadarshi, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 05-01-2018 On 19.07.2010, in C.W.J.C. No. 11089 of 2010 an innocuous order was passed by this Court and the petitioner's counsel admitted that he is not arguing the matter, but, would be satisfied if an order is passed directing the District Superintendent of Education, Madhubani, to settle his claim and pay all admitted dues to him.

In pursuance to the same, records indicates that certain claims of the petitioner has been settled, but, with regard to the settlement prior to 1976 order has been passed leaving the same on the ground that the petitioner has not produced any evidence.

I am of the considered view that now this contempt petition has no specific issue. It is not appropriate to proceed further in the matter when the claim has been finally decided vide Annexure 'H', dated 04.03.2016. It goes without saying that afresh if there is any cause of action to the petitioner, it may be challenged in accordance with law.

Patna High Court MJC No.2820 of 2014 (10) dt.05-01-2018 2/2 Accordingly, no further indulgence is made to the matter with liberty to the petitioner to challenge Annexure 'H' in accordance with law before an appropriate forum. If any claim has not been paid to the petitioner, will be paid to him and tendered within a period of sixty days from today. (Rajendra Menon, CJ) SA/- U