Ram Nandan Prasad Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5898 of 2013 ====================================================== Ram Nandan Prasad Srivastava S/O Late Bharat Prasad Resident Of Marpa Bhawan Subhash Colony Baluatal, P.S- Motihari, Town, Distt- East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through Sri Dr. B. Rajendra, Principal Secretary, Rural Works Department, Govt. Of Bihar, Patna.

2. Sri. C. Sridhar, The District Magistrate, East Champaran, Motihari.

3. Sri Ramjee Chodhary, The Chief Engineer- 3, Hajipur, Rural Works Department, Bihar, Patna.

4. Sri Anil Kumar, The Superintending Engineer, Rural Works Department, Work Circle, Bettiah.

5. Sri Ashok Kumar, The Executive Engineer, Rural Works Department Work Division, East Champaran, Motihari.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 04-05-2015 Heard learned counsel for the parties.

Having regard to the averment made in this contempt application, wherein, the petitioner has alleged violation of the order of this Court dated 17.01.2013 passed in C.W.J.C No. 982 of 2013, on the ground that despite filing of the representation by the petitioner on 03.02.2013, no payment had been made to him, this Court must hold the present contempt application to be wholly ill advised and misconceived, inasmuch as, this Court had never directed to make any payment to the

Patna High Court MJC No.5898 of 2013 (2) dt.04-05-2015 petitioner and its only limited direction was to consider the case of the petitioner.

The oral submission of learned counsel for the petitioner that such consideration also has not been made by the Superintending Engineer, having been not supported by any averment of the petitioner on affidavit, this Court would find it difficult to initiate a proceeding of contempt but then as the petitioner claims that he had filed his representation on 03.02.2013, a direction is issued to the present occupant of the Office of Superintending Engineer, Rural Works Department, Works Circle, Bettiah to ensure that if no decision has been taken on such representation of the petitioner as yet that must be taken within a period of two months from the date of receipt of this order. In case such a decision on the representation of the petitioner has already been taken, a copy of the order passed by the Superintending Engineer, should be made available to the petitioner within the same period of two months.

Patna High Court MJC No.5898 of 2013 (2) dt.04-05-2015 With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U