Ashok Kumar, Prop. M/S M.K. Enterprises v. The Bihar State Electricity Board, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6322 of 2012 ====================================================== Ashok Kumar, Prop. M/S M.K. Enterprises resident of VillageBhikhanpura, P.S.- Bhikhanpura, District- Muzaffarpur .... .... Petitioner

Versus

1. The Bihar State Electricity Board, Patna Through Its Chairman P.K. Rai

2. Sri K.N. Sahay, The General Manager-Cum-Chief Engineer Transmission Circle-2, Muzaffarpur

3. Sri B.K. Srivastava, The Electrical Superintending Engineer Transmission Circle, Bhagalpur

4. Sri Janardan Paswan, The Electrical Executive Engineer Transmission Circle, Bhagalpur

5. Smt. Injila Kumari, The Assistant Executive Engineer Sub-Divisional Transmission Circle, Sultanganj, Bhagalpur

6. The State Of Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Parties :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and Sri Vijay Kumar Verma, learned counsel, who has appeared on behalf of opposite parties.

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 25/6/2012 passed in CWJC No. 3982 of 2012.

In the said writ petition petitioner had claimed certain amount in respect of some work executed by petitioner under a

Patna High Court MJC No.6322 of 2012 (7) dt.19-01-2015 2/3 contract agreement.

The writ petition was disposed of with direction to examine the bills of petitioner. After the order of the writ court the present petition was filed for initiating contempt proceeding. In this case show cause has been filed on behalf of opposite party no. 1 to 4 wherein it has been indicated that in compliance with the order of the writ court in respect of examining the bills steps were taken and petitioner was required to appear. However, since repeatedly neither petitioner appeared nor sent any representation, no decision could be taken, and accordingly, an order was communicated to the petitioner vide letter dated 15/6/2013 i.e. Annexure - 'E' to the show cause. This show cause was filed on 12th August 2014. Thereafter, case was adjourned to enable learned counsel for the petitioner to file reply. No reply has been filed till date.

The court is of the opinion that in view of Annexure - 'E' to the show cause, the present proceeding may not proceed further.

The petition stands disposed of.

If the petitioner feels aggrieved with Annexure -'E' to the show cause, he would be at liberty to avail appropriate remedy.

Patna High Court MJC No.6322 of 2012 (7) dt.19-01-2015 3/3 The petitions stands disposed of.

(Rakesh Kumar, J) Praful/- U