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Patna High CourtMJC/6046/2013disposed

Ramnath Singh v. The State Of Bihar And ORS

2015-01-06Mr. Justice Rakesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 6046 of 2013 In Civil Writ Jurisdiction Case No. 10899 of 2009 ====================================================== Ramnath Singh S/O Late Chhabinath Singh Resident of Village- Lurpurva, P.S.- Ankodhi Via Mohania, Distt- Kaimur at Bhabhua .... .... Petitioner

Versus

1. The State of Bihar through Sri A.K. Sinha, the Chief Secretary, Government of Bihar, old Secretariat, Patna

2. Sri Abhyanand, The Director General Cum Inspector General of Police, Bihar, old Secretariat, Patna

3. Sri Rauindra Kumar, Additional D.I.G. of Police, Military Police, Bihar, Patna

4. Sri Sunil Kumar, D.I.G. of Police, Central Zone, Bihar Military Police, Patna

5. Sri Pankaj Kumar Raj Commandant, B.M.P.-10, Patna

6. Sri A.K. Srivastava, Treasury Officer, Treasury Kaimur at Bhabhua

7. Sri Sanjay Kumar, Accountant General, A and E, Bihar, Patna

8. Sri Sanjay Kumar, Senior Accounts Officer in the office of Accountant General A and E Bihar, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Hriday Prasad For the Opp. Party /s : AC to GA-1 Mr. Uday Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

06-01-2015 Heard learned counsel for the petitioner, learned A.C. to Govt. Advocate - 1 as well as Sri Uday Kumar, learned counsel for Accountant General, Bihar.

The present petition has been filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of wilful disobedience to an order dated 27-08-2009 passed in C.W.J.C. No. 10899 of 2009. By the said order, the writ

Patna High Court MJC No.6046 of 2013 (4) dt.06-01-2015 2/3 petition was disposed of on the prayer made by learned counsel for the petitioner to enable him to file representation regarding pending claims before the Commandant, B.M.P., Patna. This Court, allowing the prayer of the petitioner, disposed of the writ petition with an observation that in case such representation is filed, the respondent no. 5/Commandant shall consider the grievances of the petitioner as raised in his representation and dispose it of in accordance with law within specified time. In this case, show cause on behalf of opposite party no. 5/Commandant, BMP has been filed. Alongwith show cause, an order, bearing no. 388/2014, contained in Memo No. 801 dated 28-03-2014 (Annexure 'A'), passed by the Commandant has been brought on record.

Learned A.C. to Govt. Advocate - 1 submits that in compliance with the order of the writ court, the case of the petitioner was considered and order has been passed by the Commandant.

Learned counsel for the petitioner submits that this Court had directed the Commandant to dispose of the representation. However, there is no indication in the order as to whether representation has been disposed of or not. Besides hearing learned counsel for the parties, I have

Patna High Court MJC No.6046 of 2013 (4) dt.06-01-2015 3/3 also perused the materials available on record, particularly; Annexure 'A' to the show cause filed on 12th December, 2014 on behalf of opposite party no. 5. On perusal of Annexure 'A' to the show cause, the Court is satisfied that order of the writ court has already been complied with. Accordingly, I do not find any ground to proceed with the matter.

The petition stands disposed of.

(Rakesh Kumar, J.) Anay/- U