Bansh Narayan Upadhyay v. The State Of Bihar Through The Secretary, Amrit Lal Meena, Road Construction Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2746 of 2018 In CIVIL REVIEW No.174 of 2015 ====================================================== Bansh Narayan Upadhyay S/o Late Chandrabansh Upadhayay Resident of Village Chanda, P.O. Arak, P.S. Brahmpur, District Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar through The Secretary, Amrit Lal Meena, Road Construction Department, Vishwasharay Bhawan, Bailey Road, Bihar, Patna 2.

Amrit Lal Meena, The Secretary, Road Construction Department, Vishwasharay Bhawan, Bailey Road, Bih 3.

Rajnish Kumar, The Deputy Secretary, Road Construction Department, Vishwasharay Bhawan, Bailey Road 4.

Ramesh Kumar Singh, The Chief Engineer, Road Construction Department, Vishwasharay Bhawan, Bailey Road, Patna 5.

Indrajeet Kumar, The Superintending Engineer, Advance Planning Circle, Road Construction Department, Vishwasharay Bhawan, Bailey Road, Patna 6.

Amrendra Kumar Sinha, The Executive Engineer, Bridge Design Division No. 3, Advance Planning, Road Construction Department, Mohanpur, Punaichak, Near Pump House, Bihar, Patna 7.

Ram Pravesh Singh, The Superintending Engineer, Advance Planning Circle, Road Construction Departmeent, Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Giri For the Opposite Party/s :

Mr.Lalit Kishore - AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 27-02-2019 This application under Section 12 of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, has been filed by the petitioner for initiation of a contempt proceeding against opposite party nos. 2 to 7 for their wilful disobedience and

Patna High Court MJC No.2746 of 2018(3) dt.27-02-2019 2/3 violation of the order dated 07.12.2016, passed in Civil Review No. 174 of 2015, arising out of LPA No. 327 of 2013. By the aforesaid order dated 07.12.2016, passed in Civil Review No. 174 of 2015 In Civil Review No. 174 of 2015, while dismissing the review application, the Division Bench observed that the authorities must take a positive decision on the representation filed by the petitioner in accordance with the orders of this Court and dispose of expeditiously, if not disposed of.

A show cause has been filed on behalf of opposite party nos. 2 to 7, wherein it has been specifically asserted that pursuant to the orders passed by this Court, the representation of the petitioner has already been disposed of, vide office order dated 23.02.2019, passed by the Superintending Engineer, Road Circle, Motihari, as contained in Annexure-A to the show cause.

Having perused the office order, as contained in Annexure-A to the show cause, we are of the opinion that since the order passed by this Court has already been complied with, no case for initiation of any

Patna High Court MJC No.2746 of 2018(3) dt.27-02-2019 3/3 contempt proceeding against the opposite parties is made out.

The application is accordingly dismissed.

(Ashwani Kumar Singh, J) ( Chakradhari Sharan Singh, J) HR/- U