Baijnath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.575 of 2016 ====================================================== Baijnath Prasad Son of Late Ram Kewal Mahto, Resident of Village- Bihar Bigha, Police Station- Dalmianagar, District- Rohtas. ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. Dr. Ajad Hind Prasad Director in Chief, Health Service, Bihar, Patna.

3. Dr. Ram Pratap Singh, Civil Surgeon cum Chief Medical Officer, District Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajanan Arun For the Opposite Party/s :

Mr. Manoj Kr. Ambastha, SC-26 Mr. Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-01-2019 Learned counsel appearing on behalf of opposite parties submits that in compliance of the direction of this Court, payment has been made. He submits that payment has been made pending the appeal preferred by the State. He submits that the Appellate Court has modified the order and in view of the order passed by the LPA Court, the payment made to the petitioner is required to be adjusted. The Court in the present proceeding is only concerned with the compliance of the direction, the Court in exercise of contempt jurisdiction cannot pass any fresh order or direction beyond decided by writ Court. In the event, LPA Court has modified the order of the writ Court as convened on behalf of the opposite party liberty shall be available to the State to take recourse to the appropriate

Patna High Court MJC No.575 of 2016(5) dt.21-01-2019 2/2 remedy in terms of the order passed by the LPA Court. With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U