Patna High CourtMJC/3904/2016disposed

Shyam Sunder Prasad Singh v. The State Of Bihar And ORS

2017-09-06Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3904 of 2016 In Civil Writ Jurisdiction Case No.10975 of 2008 ====================================================== Shyam Sunder Prasad Singh, son of Late Ram Yatan Prasad Singh, resident of Mohalla :- Magadh Colony, Bari Pahari, P.O. + P.S.: Soh Sarai, District Nalanda ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Mr. Amrit Lal Meena, the Principal Secretary, Building Construction, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15

3. Mr. Rajendra Prasad Chaudhary, the Engineer - in - Chief - cumAdditional Commissioner - cum -Special Secretary, Building Construction, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15

4. Mr. Sunil Kumar, the Chief Engineer ( South) Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna - 15

5. Mr. Abhay Kumar, the Superintending Engineer, Building Construction Department, Patna Bhawan Anchal, Rajbanshi Nagar Patna -23

6. Mr. Ram Eqbal Sah, the Executive Engineer, Nalanda Bhawan Pramandal, Biharsharif ( Nalanda)

7. Sri S. Suresh Kumar, the Accountant General ( A & E), Bihar, Patna ... ... opposite party /s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Sahay For the opposite party/s :

AC to AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-09-2017 Heard Sri Manish Sahay, learned counsel for the petitioner and learned AC to AAG No. 11 .

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an order dated 10.09.2015 passed in CWJC No. 10975 of 2008. By order dated 02.08.2017 while granting time to learned state counsel it was made clear that if show cause showing compliance of the order of the writ court is

Patna High Court MJC No.3904 of 2016(4) dt.06-09-2017 2/2 not filed within specified time, the Principal Secretary, Building Construction Department was directed to remain physically present. Learned AC to Additional Advocate General No. 11 submits that in compliance with earlier order i.e. order dated 02.08.2017 a show cause on behalf of opposite party no. 06 was filed showing therein that order of the writ court was complied with in its letter and spirit. Learned counsel for the petitioner submits that it is true that order of the writ court has already been complied with, but there is some defect in calculation chart. However, he requests for disposal of the present petition so that , if so advised, petitioner may avail appropriate remedy.

The petition stands disposed of.

(Rakesh Kumar, J) praful/- U