Bashist Kumar Mishra v. The State Of Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.610 of 2012 ====================================================== Bashist Kumar Mishra S/O Late Munna Mishra R/O Mohalla - Mauna, P.O. Chapra, P.S. Chapra Town, District - Saran, Retired Upper Division Clerk, Nagar Parishad, Chapra .... .... Petitioner

Versus

1. The State of Bihar, through Sri Girish Shankar, Principal Secretary, Urban Development Department, Government of Bihar, Patna

2. Nagar Parishad, Chapra, through its Executive Officer Shri Santosh Kumar, At & P.O. & P.S. Chapra, District - Saran

3. Smt. Shobha Devi, the Chairman, Nagar Parishad, Chapra, At & P.O. & P.S. Chapra, District - Saran

4. Sri Santosh Kumar, the Executive Officer, Nagar Parishad, Chapra, At & P.O. & P.S. Chapra, District - Saran .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Respondent/s : Mr. AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

08-04-2015 Heard Sri Mahesh Narain Parbat, learned counsel for the petitioner and learned AC to GP-10 as well as Sri Rakesh Kumar Tiwary, learned counsel for Nagar Parishad, Chapra. The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties on an allegation of wilful disobedience to an order dated 14.09.2011 passed in C.W.J.C.No.15468 of 2011, whereby the writ petition was disposed of with a direction to Respondent no.4 to consider the claim of the petitioner and pass appropriate order in accordance with law. It was further directed that if Respondent no.4 considers

Patna High Court MJC No.610 of 2012 (11) dt.08-04-2015 2/2 the claim of the petitioner as genuine, he was required to pass order for payment within specified time and even in case of refusal, Respondent no.4 was required to pass a speaking order and communicate the same to the petitioner.

In this case, show cause and supplementary show cause have been filed on behalf of Opp. Party nos. 2 to 4 and in 2nd show cause, which has been filed on 17th December, 2014, a communication has been brought on record to suggest that most of the grievances of the petitioner have already been redressed. Regarding some claimed amount, it has been indicated that same shall be paid immediately after availability of the fund. The Court expects that Opp.Party no.2 may take appropriate steps for making payment of the remaining amount immediately after availability of the fund.

In view of stand taken in the show cause, the petition stands disposed of. Even if the petitioner feels that still some claim exists, he would be at liberty to avail appropriate remedy. (Rakesh Kumar, J) NKS/- U