Kashi Prasad Rai vs The State Of Jharkhand
2025 Latest Caselaw 2474 Jhar

Jharkhand High Court

Kashi Prasad Rai vs The State Of Jharkhand on 7 February, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cont. Case (Civil) No. 816 of 2023
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Kashi Prasad Rai                  ...   ...     Petitioner
                             Versus
1.The State of Jharkhand

2.Mr. Sunil Kumar, Chief Executive Officer, Jharkhand State Co-operative Bank Limited, Ranchi ... ... Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. Durga C. Mishra, Advocate For the OP-State : Mr. Ashutosh Anand, AAG III Mr. Sahbaj Akhtar, AC to AAG III For the O.P. No. 2 : Mr. Abhinay Kumar, Advocate

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th Order No. 05 : Dated 7 February, 2025

1. Reference may be made to order dated 24.01.2025

whereby and whereunder following order was passed:

"1.The Chief Executive Officer of the Jharkhand State Co-operative Bank Limited is present before this Court today and has submitted that the there is no difficulty on the part of the Society in disbursement of the money under the head of the grant-in-aid in favour of the petitioner but due to non-providing the fund by the State Government, the money is not being disbursed.

2. It has been submitted by the learned State counsel that the concerned department, i.e., Agriculture, Animal Husbandry and Cooperative Department which has been impleaded as party on 13.12.2024, show cause has not been filed however, it has been submitted that the show cause is ready.

3. Mr. Om Prakash Tiwari, learned counsel for the opposite party has submitted that the plea has been taken in the said show cause that the identical matter is lying pending before the Division Bench.

4. The said plea cannot be accepted in view of the fact that the judgment is not judgment in rem rather it is judgment in persona and this order admittedly has not been challenged by filing any intra-court appeal.

5. However, learned counsel for the opposite party has submitted that a week's time may be granted so that the order be complied with.

6. As prayed for, let this matter be listed on 24.01.2025.

7. Personal appearance of the Chief Executive Officer, Jharkhand State Co-operative Bank Limited is dispensed with."

2. Today, Mr. Abhinay Kumar, learned counsel appearing

for O.P. No. 2 has submitted that cheque bearing no. 3699 [in

original] of IDBI Bank is ready with him to be handed over to

the petitioner amounting to Rs. 2,61,128/-.

3. The said cheque is handed over to Mr. Durga C. Mishra,

learned counsel for the petitioner in the Court itself.

4. Mr. Durga C. Mishra, learned counsel for the petitioner,

after receipt of the cheque, has submitted that now the

petitioner has left with no grievance.

5. In view of such submission, the instant contempt

petition is disposed of.

6. Let the photocopy of aforesaid cheque having been

acknowledged by learned counsel for the petitioner be kept

with the record.

(Sujit Narayan Prasad, J.)

Alankar/