Subash Tiwari v. The State Of Bihar Through The Principal Secretary, Department Of Urban Development And Housing,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4436 of 2018 In Civil Writ Jurisdiction Case No.6218 of 2018 ====================================================== Subash Tiwari Son of Rajeshwar Tiwari Resident of Mohalla- Rajendra Nagar, Ward No.22, P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Urban Development And Housing, Government of Bihar, Patna. 2.

Shri Chaitnya Prasad, The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna. 3.

Shri Narmdeshwar Lal, The Commissioner, Saran Division, Saran at Chapra. 4.

Shri Animesh Kumar Parashar, The District Magistrate, Gopalganj. 5.

Shri Sunil Kumar, The Executive Officer, Nagar Parishad Gopalganj. 6.

Shri Anil Kumar Gupta, The Executive Engineer, District Urban Development Authority, Gopalganj, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No For the Opposite Party/s :

Mr.Subhash Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the State, no one appears on behalf for Nagar Parishad Gopalganj although, the show cause on behalf of the opposite party no. 5, the Executive Officer Nagar Parishad Gopalganj in on record. As per the same, a letter no. 2461 dated 15.06.2018 (Annexure A) has been annexed in which the Executive Officer, Nagar Parishad, Gopalganj took a decision regarding return of the security deposit by the petitioner.

The order is of 15.06.2018 and five years later when

Patna High Court MJC No.4436 of 2018(3) dt.25-07-2023 2/2 the matter has been taken up, it has been informed by Mr. Sanjay Kumar Pandey learned counsel appearing on behalf of the petitioner that he is still waiting for the said security amount. It is unfortunate that after the order passed by the Writ Court although, the Executive Officer Nagar Parishad Gopalganj took a decision on 15.06.2018 vide letter no. 2461, it failed to return the security amount, if the version of the learned counsel for the petitioner is correct.

Accordingly, the MJC No. 4436 of 2018 stands disposed of with a direction to the opposite party no. 5, the Executive Officer Nagar Parishad Gopalganj to comply its own order, as stated above, within a period of 8 weeks failing which the petitioner will be at liberty to once again invoke the contempt jurisdiction of the Court.

(Rajiv Roy, J) Jagdish/Jyoti/- U