IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC NO.1293 OF 2010
NEELAM PRINTERS & GENERAL ORDER SUPPLIER, NEAR
RAILWAY RESERVATION COUNTER, OLD GT ROAD, AURANGABAD.
VERSUS
1. MAGADH UNIVERSITY, BODH GAYA, THRUGH ITS REGISTRAR, SRI
B.LAL
2. SRI B.P.SHASTRI, THE V-C OF THE UNIVERSITY
3. DR M. MURARI, PRINCIPAL , SN SINHA COLLEGE, AURANGABAD
4. THE PURCHASE COMMITTEE, S.N. SINHA COLLEGE, AURANGABAD
THROUGH ITS CHAIRMAN
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9. 01.12.2010. Heard learned counsel for the petitioner and the
University.
The petitioner has filed the instant application for
initiating contempt proceeding against opposite parties for violating
order dated 28.8.2009, passed in C.W.J.C.No. 10753 of 2009
which was filed by him for quashing letter bearing No. SSC 269 of
2009 dated 25.7.2009, issued by the Principal, S.N.Sinha College,
Aurangabad, whereby direction had been issued to the petitioner to
return Rs.2,20,000/- along with bank interest immediately.
Case of the petitioner in short was that he was given
advance of Rs. 2,20,000/- for printing/supplying Prospectus and
Admission form which he supplied through parcel on 12.6.2009 but
office of the Principal refused to accept the same and directed
Petitioner’s Firm to refund the aforesaid amount given to him for
printing the Prospectus and Admission form which is unreasonable
and arbitrary. While disposing of the writ petition , this Court
observed as follows:-
“After hearing learned counsel for the parties, this
court observes that if the petitioner again files fresh
representation before the Vice-Chancellor of the
University, he would disposed of the same preferably
within six weeks from the date of the receipt of the same
by seeking order. The representation must be filed
within three weeks from today. Till disposal of the
2representation the annexure 11 is stayed.”
The petitioner further submits that pursuant to the order of this
Court, he represented before the Vice-Chancellor of the University
vide representation dated 11.9.2009, with further reminder dated
8.3.2010, contained in annexures 3 and 4 respectively, but no order
was passed on the same. However, in the meantime, Principal of the
College issued letter dated 13.3.2010 for refund of the aforesaid
amount ignoring stay order of this Court on operation of letter
dated 25.7.2009 till disposal of representation dated 11.9.2009,
annexure 3 filed before the Vice Chancellor, Magadh University.
The Principal of the College further issued letter dated 23.3.2010,
annexure 6 directing the petitioner to deposit the advance amount
within a week, failing which criminal action would be taken.
A show cause has been filed on behalf of University officials
annexing annexure R/1, a letter dated 24.7.2010 to the Principal of
S.N.Sinha College, Aurangabad by the Registrar, Magadh
University. It has been stated in the said letter that the Vice-
chancellor of the University had already directed the Principal for
payment of outstanding dues to the petitioner vide its letter no. PIO-
1367/10/10MU dated 16.7.2010. In the said letter the Principal has
again been directed to comply the orders passed by this Court vide
orders dated 28.8.2009 and 7.4.2010. It has further been stated in the
show cause that the University has come to know that on the last
day of retirement, the Principal of the college has instituted F.I.R.
against the firm and proprietor due to his personal grudge and the
University has got no concern with the said FIR nor the same has
3
been lodged at the instance of the University.
The instant MJC is disposed of and contempt proceeding is
dropped as respondents have complied with the order in question
If the petitioner has grievance against institution of FIR, he may
challenge the same in accordance with law.
Shashi (Samarendra Pratap Singh, J.)