M/S Gsco Infrastructure Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2173 of 2024 In Civil Writ Jurisdiction Case No.17512 of 2019 ====================================================== M/s GSCO Infrastructure Pvt. Ltd. S.C.0.67, Sector-20C, Chandigarh, through its Power of Attorney Holder, Manish Kumar, aged about 31 Years (Male), Son of Ram Binod Sahi, Resident of Baruraj Kotiyan, Baruraj (Motipur), Muzaffarpur, Bihar-843132.

... ... Petitioner

Versus

1.

The State of Bihar through Shri Chaitanya Prasad, Additional Chief Secretary, Water Resources Department, Govt. of Bihar, Patna. 2.

Shri Chaitanya Prasad, Father's name not known, Additional Chief Secretary, Water Resources Department, Govt. of Bihar, Patna. 3.

Shri Sanjiv Kumar Sinha, Father's name not known, The Additional Secretary, Water Resources Department, Government of Bihar, Patna. 4.

Shri Nand Kumar Jha, Father's name not known, The Engineer-in-Chief, Flood Control, Water Resources Department, Patna. 5.

Shri Ashok Kumar Ranjan, Father's name not known, The Chief Engineer, Flood Control, Water Resources Department, Samastipur. 6.

Shri Akhtar Jamil, Father's name not known, The Superintending Engineer, Flood Control Circle, Khagaria.

7.

Shri Rajiv Bhagat, Father's name not known, The Executive Engineer, Flood Control Division-1, Khagaria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Lali Kishore, Sr. Advocate Mr. Vikas Kumar, Advocate Mr. Ayush Kumar, Advocate Mr. Kanishka Shankar, Advocate For the Opposite Party/s :

Mr. Vikash Kumar, SC-11 Mr. Sriram Krishna, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 06-12-2024 The present contempt petition is arising out of order dated 27.03.2023 passed in CWJC No. 17512 of 2019.

02. Short question for consideration in the present

Patna High Court MJC No.2173 of 2024(3) dt.06-12-2024 2/2 petition is whether petitioner is entitled to refund of sum of the amount stated to have been deposited during pendency of CWJC No. 17512 of 2019 in the form of contempt of Court proceedings or not?

03. In the order dated 27.03.2023, there is no direction for the concerned respondent to refund whatever recovered amount. In the absence of such direction or observation, the present contempt petition is not maintainable. Hence, the contempt petition stands dropped, reserving liberty to the petitioner to invoke appropriate remedy and in accordance with law in so far as refund of certain amount.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) Ashish/- U