M/S Sharda Construction v. The State Of Bihar And ORS

Patna High Court MJC No.4287 of 2016 dt.19-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4287 of 2016 IN Civil Writ Jurisdiction Case No. 15550 of 2011 ===========================================================

1. M/s Sharda Construction a partnership firm having its office at New Area, Maharajganj Road, Aurangabad, Bihar through its Partner Kaushal Kumar Singh Son of Late Ambika Narayan Singh Resident of New Area, Maharajganj Road, Aurangabad, P.S. & District- Aurangabad, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mr. Arun Kumar Singh, the Principal Secretary, Water Resources Department, Government of Bihar, Patna

3. Mr. Indu Bhushan Kumar, the Engineer- in- Chief, Water Resources Department, Government of Bihar, Patna

4. Mr. Ram Nath Prasad, the Chief Engineer, Water Resources Department, Aurangabad

5. Md. Neyaz Waris, the Executive Engineer, Sone High Level Canal Division, Aurangabad .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan, Adv For the Respondent/s : Mr. AAG4 ANJANI KUMAR =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-09-2018 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The present petition has been filed for initiating a contempt proceeding against the opposite parties for willful disobedience of the judgment of this Court dated 09.10.2015 passed in CWJC No. 4287 of 2016.

3. A show cause has been filed on behalf of the Opposite Party No. 5,

Patna High Court MJC No.4287 of 2016 dt.19-09-2018 in paragraph 8 and 9 whereof it has been stated that the total admissible amount of Rs. 7,55,195/- along with the security amount of Rs. 1,08,960/- has been paid/refunded to the petitioner by Cheque No. 629679 dated 20.08.2018 and Cheque No. 629680 dated 24.08.2018, respectively, as is evident from Annexure-A. It thus appears that a final decision has been taken by the authorities and the judgment of this Court stands complied with.

4. Learned counsel for the petitioner accepts that payments as aforesaid has been received.

5. In the above view of the matter, MJC No. 4287 of 2016 stands disposed of with liberty to the petitioner that in case he is aggrieved by the decision of the authorities as noticed above, he may agitate the same before an appropriate forum in accordance with law, if so advised.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 22.09.2018 Transmission Date NA