Sidheshwar Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1437 of 2015 In Civil Writ Jurisdiction Case No. 2392 of 2013 ====================================================== Sidheshwar Prasad son of Late Ram Sewak Singh, resident of VillageHulas Chak, Police Station- Janipur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sri Sunil Kumar Singh, The Principal Secretary, Minor Water Resources Department, Bisheshwaraiya Bhawan, Patna.
3. Post is abolished, The Co-ordinator, Tube- well Project, Minor Irrigation Department, Bisheshwaraiya Bhawan, Patna.
4. Sri Bindeshwari Ram, The Chief Engineer (South) Tube-well Wing, Minor Irrigation Department, Shekhpura, Patna.
5. Sri Narayan Paswan, The Superintending Engineer, Tube-well Circle, Mithapur, Patna (west).
6. Sri Bishundeo Rajak, The Executive Engineer, Tube-well Division, Patna (East), Near High Court, Patna. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar For the Respondent/s : Mr. Aag13 A K Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 14-10-2015 Heard the learned counsel for the parties.
This application has been filed by the petitioner for initiation of the proceeding for contempt against the opposite parties for willful and deliberate violation of the dated 01.09.2014 passed by this Court in C.W.J.C. No. 2392 of 2013. By the said order, the writ application was disposed of with direction to the respondent-authorities to pass order afresh after issuing notice and granting reasonable opportunity of hearing to the petitioner and
Patna High Court MJC No.1437 of 2015 (2) dt.14-10-2015 the orders under challenge in the said writ application dated 21.11.2012 and 12.12.2012 (Annexure- 7 and 8 to the writ application) were quashed. From the show cause filed on behalf of the opposite parties no. 6, it appears that the fresh order has been passed on 05.08.2015 by the respondent-authorities and it has also been stated in paragraph-3 that the notice was issued and duly served upon the petitioner requesting him to appear for hearing. A copy of the notice has also been annexed as Annexure-A to the show cause. It has been further stated that even in spite of the reminder, the petitioner did not chose to appear and thereafter the authorities have passed the order on 05.08.2015 as annexed with the show cause.
In view of the aforesaid facts, this Court is of the considered opinion that the direction as contained in the order dated 01.09.2014 passed in C.W.J.C. No. 2392 of 2013 has been complied by the respondent-authorities.
Accordingly, this Court finds no reason to proceed further with this contempt application which is dismissed. The petitioner shall, however, be at liberty to seek his remedy against the order dated 05.08.2015 in accordance with law. Devendra/- (V. Nath, J) U