Patna High CourtMJC/3745/2016disposed

Kaimuranchal Vikash Samiti Through Secretary Arun Kumar Upadhayaya v. The State Of Bihar And ORS

2017-03-15Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3745 of 2016 In Civil Writ Jurisdiction Case No. 60 of 2016 ======================================================

1. Kaimuranchal Vikash Samiti through Secretary Arun Kumar Upadhayaya son of Sri Dhanushdhari Upadhayaya, Resident of Village- Baramuli, P.S.- Sonhan, Dist.- Kaimur at Bhabhua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nazma Begum, Chairman, Nagar Parishad, Sasaram.

3. Manish Kumar, Executive Officer, Nagar Parishad, Sasaram.

4. Aninesh Parashar, the District Magistrate, Rohtas, Sasaram. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Chaudhary, Adv. Mr. Kulanand Jha, Adv.

For the Respondent/s : Mr. Rakesh Kumar Ambastha, A.C. to AAG 7 Mr. Vijay Shankar Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-03-2017 Heard Mr. Alok Kumar Chaudhary, learned counsel for the petitioner, Mr. Rakesh Kumar Ambastha, A.C. to AAG 7 and Mr. Vijay Shankar Upadhyay, learned counsel for the Nagar Parishad. The writ petition filed by the petitioner for payment of his dues bearing C.W.J.C.No.60 of 2016 was disposed of with the direction to the Executive Officer, Nagar Parishad, Sasaram to consider the prayer of the petitioner for payment of his bills and dispose of the same within a period of three months. A show cause is filed on behalf of the Nagar Parishad enclosing an order dated 17.12.2016 whereby an amount of Rs. 3,14,500/- has been found

Patna High Court MJC No.3745 of 2016 (2) dt.15-03-2017 2/2 admissible to the petitioner and the payments made through cheque.

Mr. Chaudhary disputes the amount and submits that yet some dues remain pending.

In the nature of the order so passed, no case is made for continuing the contempt proceedings and which is accordingly disposed of with liberty to the petitioner to raise his balance claim before the Executive Officer, Nagar Parishad with supportive documents and which shall be considered and disposed of accordingly within six weeks of the raising of the claim. (Jyoti Saran, J) Bibhash/- U