Haridwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3736 of 2014 In Civil Writ Jurisdiction Case No.4418 of 2008 ====================================================== Haridwar Singh Son of Late Dhaneshwar Singh Resident of Village - Lilapur, P.S. - Sonhan, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna, namely, Mr. Amrit Lal Mina, father's name not known to the

2. Mr. Amrit Lal Mina Father's name not known to the Principal-cumAgriculture Production Commissioner, Department of Agriculture, Vikash Bhawan, New Secretariat, Patna, Bihar.

3. The Board of Directors through its Chairman, Mr. Amrit Lal Mina Father's name not known to the Bihar Rajya Beej Nigam Limited, Vikash Bhawan, New Secretariat, Patna.

4. Mr. Dharmendra Singh Department of Agriculture-cum-Managing Director, Bihar Rajya Beej Nigam Limited, Mithapur Agriculture farm campus, Mithapur, Patna.

5. Mr. Sanjay Chandra Father's name not known to the petitioner the Company Secretary, Bihar Rajya Beej Nigam Limited, Mithapur Agriculture farm Campus, Mithapur, Patna.

6. Mr. Sanjay Chandra Father's name not known to the petitioner Chief Finance Officer-cum-Conducting Officer, Bihar Rajya Beej Nigam Limited, Mithapur Agriculture Campus, Mithapur, Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Rajiv Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2018 Learned counsel appearing on behalf of the opposite parties is present with a cheque issued in favour of the petitioner, in compliance of this Court's order dated 30.04.2014 passed in CWJC No. 4418 of 2008, worth Rs. 18,94,716/- (Cheque No. 905512, dated 05.09.2018).

It is, accordingly, contended on behalf of the

Patna High Court MJC No.3736 of 2014(10) dt.05-09-2018 2/3 opposite parties that the order has substantially been complied with and no case of deliberate contempt of this Court's order is made out.

The petitioner is also present in Court who has received the cheque.

Learned counsel, appearing on behalf of the petitioner, submits upon instruction from the petitioner that the amount cannot be said to be in full compliance of this Court's order, inasmuch as the petitioner is entitled for much more than what is being paid to him. From perusal of the order, violation of which has been complained in the present contempt application, it does not appear that there was any direction for payment of specific amount. The petitioner shall always be at liberty to raise his grievance, if according to him, the amount which has been paid is less than his actual entitlement.

In the facts and circumstances of the case, I direct the Managing Director, Bihar Rajya Beej Nigam Limited to make available to the petitioner the chart showing calculation of the amount, which has been found admissible to the petitioner, on the basis of which the payment has been made through the cheque, in

Patna High Court MJC No.3736 of 2014(10) dt.05-09-2018 3/3 question.

This disposes of this contempt application.

(Chakradhari Sharan Singh, J) HR/- U