Bachu Narayan Singh v. The State Of Bihar Through Chief Secretary Of State Of Bihar Shree Anjani Kumar Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3868 of 2016 In Civil Writ Jurisdiction Case No. 9043 of 2016 ====================================================== Bachu Narayan Singh (Contractor and Supplier) son of Late Tej Lal Singh, resident of Village- Kushhar, P.O. and P.S.-Bind, District-Nalanda. At present Address-M/S. Sanjay Medical Hall, Ranchi Road, Bihar Sharif, Nalanda.
.... .... Petitioner
Versus
1. The State of Bihar Through Chief Secretary of State of Bihar Shree Anjani Kumar Singh
2. Anshuli Arya, the Secretary, Public Health Engineering Department, Bihar, Patna
3. Virendra Kumar, the Chief Engineer, Public Health Engineer Department, Bihar, Patna
4. Balmiki Mandal, the Superintending Engineer, Public Health Circle, Patna
5. Tyag Rajan S.M. the District Magistrate, Nalanda at Bihar Sharif
6. Manoj Manohar, the Executive Engineer, P.H.Division, Bihar Sharif
7. Mukesh Kumar, the Assistant Engineer cum S.D.O. P.H.Division, Bihar Sharif .... .... opp.Parties ====================================================== Appearance :
For the Petitioner/s : None For the Respondent/s : Mr. S. Raza Ahmad, AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-09-2017 None appears on behalf of the petitioner.
The writ petition was filed, inter alia, for a direction to the respondent Executive Engineer, P.H.Division, Bihar Sharif, District Nalanda to make payment of the earnest money as well as security money deposited by the petitioner against Agreement No. 4F2 of 2005-06 and similar deposits made against Agreement No. 22F2 of 2007-08. The writ petition was disposed of with the direction to the Executive Engineer, P.H.Division, Bihar Sharif to consider the grievance of the petitioner and dispose of the same
Patna High Court MJC No.3868 of 2016 (3) dt.13-09-2017 within three months of the receipt/ production of a copy of the order.
This matter was taken up on 16.8.2017 and on the request made by the learned State Counsel it was adjourned for filing show cause. Today when the matter is taken up there is no representation on behalf of the petitioner.
Mr. Anisul Haque, learned AC to AAG-5, in reference to the show cause filed on the proceedings submits that the order has been complied, inasmuch as the claim of the petitioner has been considered and disposed of by the Executive Engineer vide order bearing Memo No. 2316 dated 7.10.2016. In reference to Annexure 'B' he submits that the decision was also communicated to the petitioner vide letter dated 18.10.2016. In the circumstances so discussed, no case for contempt is made out.
The petitioner, if so advised, may question the order dated 7.10.2016 of the Executive Engineer before the appropriate forum by filing an appropriate application.
The contempt application is disposed of accordingly. (Jyoti Saran, J) Surendra/- U