Patna High Court
Phani Bhushan Prasad vs The State Of Bihar And Ors on 10 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.905 of 2018
In
Civil Writ Jurisdiction Case No.11816 of 2014
======================================================
Phani Bhushan Prasad, Son of Late Babu Sadhu Saran Prasad, C/o Sri Nutan
Prasad R/o Sector-D, House No.166, People Co-operative Colony,
Lohiyanagar, Kankarbagh, P.S.- Kankarbagh, Distt. - Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Sri Amrit Lal Meena, The Principal Secretary, Road Construction
Department, Govt. of Bihar, Patna
3. Sri Laxmi Narayan Das, The Engineer-in-Chief-cum-Additional
Commissioner cum special Secretary, Road Construction Department, Govt.
of Bihar, Patna.
4. Sri Ahmad Hussain, The Executive Engineer, National Highway Division,
Gulzarbagh, Patna
5. Sri Suresh Kumar, The Accountant General, Bihar, Patna.
6. The State of Jharakhand through the Principal Secretary, Road Construction
Department.
7. Sri Nagendra Nath Sinha, The Principal Secretary, Road Construction
Department, Govt. of Jharkhand.
8. Sri Shiv Mangal Tiwary, The District Provident Fund Officer, Dumka,
Jharkhand.
... ... Contemnors/Opposite Parties
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Appearance :
For the Petitioner : Mr. Prashant Kumar, Advocate
Mr. Amit Kumar Singh, Advocate
For the Opposite Parties : Mr. Amit Prakash, GA-13
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 10-08-2022
The instant application under Article 215 of the
Constitution of India read with Sections 11 and 12 of the
Contempt of Court Act has been filed by the petitioner for
initiating a contempt proceeding against the opposite parties for
their wilfull and deliberate violation to the order dated
Patna High Court MJC No.905 of 2018 dt.10-08-2022
19.04.2017 passed in C.W.J.C. No.11816 of 2014.
2. The operative part of the order dated 19.04.2017
passed in C.W.J.C. No.11816 of 2014 reads as under:-
"Regard being had to the facts and
circumstances of the case, the writ application
is disposed of with a direction to the petitioner
to file a representation in detail regarding all his
left over grievances before the respondent no.3
Engineer in Chief-cum-Additional
Commissioner-cum-Special Secretary, Road
Construction Department, Government of
Bihar, Patna within a period of one month from
today. In case of filing of such a representation,
the respondent no.3 shall be required to
examine his claims and pass a speaking order
within a period of three months. If any of his
claims is found to be admissible, the payment
shall also be made to him within the
aforementioned period of three months. In case
of refusal of any his claims, the order passed by
him should be communicated to him on his
address by registered post.
With the aforesaid observations and
directions, the writ application is disposed
of."
3. A show cause has been filed on behalf of opposite
party nos. 2 and 3 wherein it has been stated in paragraph 5 that
Patna High Court MJC No.905 of 2018 dt.10-08-2022
in order to ensure compliance of the order passed by this Court,
the opposite party no.3 has already passed a reasoned order vide
Memo No.2940 (E) dated 19.04.2018.
4. The aforesaid order dated 19.04.2018 has been
brought on record and marked as Annexure-A to the show cause
filed on behalf of the opposite party nos. 2 and 3.
5. In view of the above assertions made in the show
cause filed on behalf of the opposite party nos. 2 and 3, I am of
the considered opinion that no case of initiation of contempt
proceeding is made out.
6. In case, the petitioner is aggrieved by the reasoned
order passed by the opposite party no.3, he may challenge the
same by filing an appropriate application under Article 226 of
the Constitution of India.
7. With the aforesaid observation, the application for
initiation of contempt proceeding is dismissed.
(Ashwani Kumar Singh, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.08.2022
Transmission Date NA
