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Patna High CourtMJC/1654/2021withdrawn

Rajeshwar Roy v. The State Of Bihar

2023-03-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1654 of 2021 In Miscellaneous Jurisdiction Case No.943 of 2017 ====================================================== Rajeshwar Roy S/o- Bhola Roy Resident of ward No. 01, B.N. Mandal University, Madhepura, P.S.- Madhepura, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Education Government of Bihar, Patna.

2.

Dr. R.K.P. Raman S/o Not Known to the petitioner The Vice Chancellor, B.N. Mandal University, Madhepura.

3.

Prof. Mihir Kumar Thakur S/o Not known to the petitioner The Registrar, B.N. Mandal University, Madhepura.

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Ajay Kumar Rastogi (Aag 10) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University. Learned counsel for the petitioner, at the outset, very fairly submits that the petitioner had also approached this Court by filing CWJC No. 12758 of 2021, the said writ petition was disposed of by order dated 20.10.2022 with a direction to the respondent authorities to release the salary of the petitioners forthwith and not later than 10 days from the receipt of the orders of this Court.

Learned counsel submits that despite orders of this Court in CWJC No. 12758 of 2021, the benefit of the order, till

Patna High Court MJC No.1654 of 2021(2) dt.21-03-2023 2/2 date, has remained elusive. It is next submitted that now since a fresh cause of action has arisen for the petitioner to file contempt application for non-compliance of the order dated 20.10.2022 in CWJC No. 12758 of 2021 as such seeks permission to withdraw the present contempt application, with liberty to seek remedy available in law.

Learned counsel for the State and the learned counsel for the University does not object to the prayer made by the learned counsel for the petitioner.

The contempt application is thus permitted to be withdrawn, with the liberty aforesaid.

(Satyavrat Verma, J) HarshPandey/- U