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Patna High CourtMJC/1713/2015dismissed

Ashok Kumar Verma v. The State Of Bihar Through Sri Amir Subhani

2015-12-02Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1713 of 2015 In Civil Writ Jurisdiction Case No. 8649 of 2014 ====================================================== Ashok Kumar Verma, S/o Late Baleshwar Prasad Verma, resident of 3A/7, Mahesh Nagar, PO- Keshri Nagar, PS- Patliputra, District- Patna, Presently working as Clerk, District- Treasury, Banka .... .... Petitioner/s

Versus

The State of Bihar through Sri Amir Subhani S/o not known to the petitioner, presently posted as Principal Secretary, General Administration Department, Government of Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K.Mangalam, Adv. For the Opposite Party/s : Mr. Ranjan Kumar, AC to AAG-IV ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-12-2015 In compliance of the order dated 30.09.2015 passed by this Bench, a show cause is being filed on behalf of the sole opposite party sworn by the Additional Secretary, General Administration Department, Government of Bihar, Patna, after service of its copy upon the learned counsel for the petitioner, which is taken on the record.

After having heard the parties and in view of the averments made in the show cause as also the resolution dated 10th July, 2015 (Annexure-A) and the order dated 8th September, 2015 passed by the District Collector, Banka, as contained in AnnexureC, this Court is of the opinion that no case for initiating a proceeding of contempt against the sole opposite party is made out.

Accordingly, the present MJC application is dismissed.

However, the petitioner, if so advised, shall be at

Patna High Court MJC No.1713 of 2015 (3) dt.02-12-2015 liberty to challenge the validity and correctness of the aforesaid order dated 8th September, 2015 (Annexure-C) before the appropriate forum/court.

(Birendra Prasad Verma, J) Arvind/- U