Sipahi Singh v. Ashok Kumar Sinha And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.278 of 2014 Arising out of Civil Writ Jurisdiction Case No. 18856 of 2011 =========================================================== Sipahi Singh Son Of Late Shivbalak Singh Resident Of Village - Phaudara, P.O. - Madhaul Via Bkkhra, P.S. + District - Muzaffarpur .... .... Petitioner/s

Versus

1. Ashok Kumar Sinha, the State of Bihar through Chief Secretary, Government Of Bihar, Old Secretariate, Patna

2. Dr. K.P. Ramaiya, the Commissioner Tirhut Commissionary, Muzaffarpur

3. Jitendra Kumar, the Superintendent, Sahid Kudiram Bose Jail, Muzaffarpur .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate.

For the State : Mr. Anuj Kumar, AC to GP-24 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 05-10-2016 Show cause has been filed by the Jail Superintendent, District Jail, Hajipur in which it has been stated that pursuant to the order of the Court dated 25.10.2011 passed in C.W.J.C. No. 18856 of 2011, compliance of which was alleged to have been violated, the Inspector General, Prison has granted 1st and 2nd ACP to the petitioner. It has further been stated that the cheque of due amount of Rs. 24,857/- was sent to the petitioner through Special Messenger but the same was not accepted by him.

Learned counsel for the petitioner submits that he is ready to accept the cheque on behalf of the petitioner but because the same was not of the entire amount, he did not receive. The Court

Patna High Court MJC No.278 of 2014 dt.05-10-2016 2/2 finds such conduct to be unfortunate. However, as learned counsel for the petitioner is ready to accept the cheque, the same be handed over by learned counsel for the State to learned counsel for the petitioner. In view of the order of the Court dated 25.10.2011 passed in C.W.J.C. No. 18856 of 2011 having been substantially complied with, the contempt application stands disposed off. However, if any further payment is required to be made, the petitioner shall be at liberty to represent before the Superintendent, District Jail, Hajipur, within one month from today, along with a copy of this order, who shall look into the matter and pass a reasoned order within four weeks. If any further payments are to be made, the same shall also be made within two months thereafter. (Ahsanuddin Amanullah, J) P. Kumar U