Devendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.193 of 2016 IN Civil Writ Jurisdiction Case No. 1056 of 2005 =========================================================== Devendra Kumar Son of Late Bajrangi Sharma, Resident of Mohalla - Krishnapuri Colony, Jehanabad, Police Station and District - Jehanabad as Present owrking on the post of Panchayat Secretary at Ghoshi Block, District - Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Aok Ranjan Ghosh, District Magistrate Arwal.

3. Sri Vijay Kumar, the Block Development Officer Kurtha, District - Arwal. .... .... Contemnor/Opp. Partiess =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Roy, Adv. For the Respondent/s : Mr. P N Shahi, AAG10 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 16-10-2017 Heard learned counsel for the parties.

In the present case, the petitioner is making a grievance that the order of this Court dated 3.12.2007 passed in C.W.J.C. No. 1056 of 2005 has not been complied by the respondents. In the show-cause, the letter dated 10.1.2008 has been attached, from perusal of the same, it appears that the Block Development Officer, Kurtha has arrived to a finding that the petitioner has to return Rs. 57,500/- but, in the next part, he has arrived to a finding that the petitioner is entitled to an amount of Rs. 1753/- and other amounts with respect to the work done in the Ramratan Uchha Vidyalaya, Rachai and Jagdishpur Samudaik Hall.

Patna High Court MJC No.193 of 2016 dt.16-10-2017 A complaint has been made that the petitioner is entitled to the admitted dues but same has not been released by the respondent in view of the fact that the petitioner has challenged the order dated 10.1.2008, whereby and whereunder, the order has been passed for realization of Rs. 57,500/-.

As per learned counsel for the petitioner, against this letter, he has filed an application before the District Magistrate, Arwal who has stayed the order of recovery of the amount from the petitioner but, the payment has not been made. Let the District Magistrate, Arwal will examine the entitlement of money with respect to work done in the Ramratan Uchha Vidyalaya, Rachai and Jagdishpur Samudaik Hall and any other work done and he will take decision in accordance with law. This contempt application is, accordingly, disposed of. (Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.10.2017 Transmission Date NA