Krishna Kumar Singh v. The State Of Bihar Through Shri Deepak Kumar The Chief Secretary, Government Of Bihar, Patna And Or

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5211 of 2018 In Civil Writ Jurisdiction Case No.7472 of 2016 ====================================================== Krishna Kumar Singh, Son of Late Bindeshwari Singh, Resident of VillageMathia Dih P.S.- Chhatauni, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Shri Deepak Kumar The Chief Secretary, Government Of Bihar, Patna 2.

Shri Amir Shubhani Principal Secretary, General Administrative Department, Bihar, Patna 3.

Shri Aditya Kumar Das, Inspector General, Registration, Government of Bihar Patna.

4.

Shri Raman Kumar, Collector-cum-Registrar, East Champaran, Motihari 5.

Shri Vinay Kumar,District Sub Registrar, East Champaran, Motihari 6.

Shri Kumar Margalam, Additional Collector, East Champaran, Motihari. 7.

Shri Ajay Kumar, Additional Registrar, Kesaria, East Champaran. 8.

Shri Kumar Rakesh, District Treasury Officer , East Champaran 9.

Ms. Mani K. Chief Accountant General, Bihar Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Dubey, Advocate Ms. Mamta Vijaya, Advocate Mr. Uma Shanker Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Sinha - GA 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-04-2019 Perused the office notes.

The defect pointed out by the office is ignored. With the consent of the parties, this application is being disposed of at this stage itself.

Heard learned counsel for the petitioner and learned counsel for the State.

Patna High Court MJC No.5211 of 2018(2) dt.10-04-2019 2/3 This application has been filed for initiating the contempt proceeding against the opposite parties for violating the order dated 12.09.2018 passed in CWJC No.7472 of 2016. The order passed by this Court is as follows :

"Learned counsel for the petitioner submits that the facts of the present case is identical to the case of CWJC No. 12728 of 2012 (Manoj Kumar Singh Vs. The State of Bihar & Ors.), the aforesaid order squarely covers the issue involved in the present case. In such view of the matter, the concerned Authority is directed to examine the facts, law and prayer of the case of the petitioner and if it is found that present case is squarely covered by the aforesaid case, the same benefit should also be extended to the petitioner and the Authority will take a decision within a three months from the date of receipt/production of a copy of this order. With this observations and directions, this writ petition is disposed of. " The Authority has considered the claim of the petitioner and vide order dated 01.03.2019 disposed of the matter having held that the petitioner cannot be given the benefit on account of fact that he is retired clerk from the Armed Forces not retired as a clerk from the registry

Patna High Court MJC No.5211 of 2018(2) dt.10-04-2019 3/3 office.

This Court is of the view that no case is made out for initiating a contempt proceeding against the opposite parties.

However, the petitioner is at liberty to challenge the order dated 01.03.2019 before appropriate forum. (Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U