High Court Patna High Court - Orders

Dhananjay Singh vs The State Of Bihar & Ors on 17 August, 2011

Patna High Court – Orders
Dhananjay Singh vs The State Of Bihar & Ors on 17 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        MJC No.2230 of 2011
                    DHANANJAY SINGH son of Satendra Narayan Singh,
                    R.O.V Mohalla Patel Nagar, Ward No. 23 P.O.+P.S Daudnagar, Dist-
                    Aurangabad (Bihar).
                                                                          .......Petitioner.
                                                    Versus
                    1. The State of Bihar.
                    2. The Principal Secretary, Municipal Corporation and House
                        Department, Bihar Patna namely Mr. Shashi Shekhar Sharma.
                    3. The District Magistrate, Aurangabad, namely Mr. Abhay Singh.
                    4. The Deputy Development Commissioner-cum-Chief Executive
                        officer Nagar Panchayat, Daudnagar, Aurangabad, namely Shri
                        Niwas Pandey.
                    5. The Executive officer Nagar Panchayat, Daudnagar, Aurangabad,
                        namely Nausad Alam.
                    6. The Executive Engineer, Aurangabad, namely Mr. Satenarayan
                        Paswan.
                    7. The Incharage Junior Engineer, Nagar Panchayat, Daudnagar,
                        Aurangabad, namely Mr. Satenarayan Paswan.
                    8. The Mukh Parishad, Nagar Panchayat, Daudnagar, Aurangabad,
                        namely Premanand Paswan...............................Respondents.
                                                    ---------

For the petitioner : Mr. Anil Kumar Singh, Advocate.
For the State : Ms. Mohini Kumari, A. C to S. C. 14.
For respondent no.5 : Mr. Krishna Kant Tiwari, Advocate.

——-

06/ 17.08.2011 Heard learned counsel for the petitioner and learned

counsel for the opposite parties.

2. This petition has been filed by the petitioner for

initiating a proceeding of contempt against the opposite parties for

non-compliance of order of this court dated 24.02.2011 by which

CWJC No.24.02.2011 by which CWJC No.1369 of 2011 was

disposed of with a direction to the opposite parties to decide the

application of the petitioner within two months of its filing and if

any dues are found to be admittedly payable the said amount

should be paid by the said respondents immediately thereafter and

if any amount is not found payable to the petitioner, the
-2-

respondents- authorities will be at liberty to reject the claim of the

petitioner and the petitioner would be at liberty to challenge the

same before an appropriate forum.

3. The claim of the petitioner in the MJC petition is that

the said order has not been complied.

4. A show cause has been filed on behalf of opposite

party no.3 stating that the said order has been complied on

06.08.2011 (Annexure-C) when a speaking order had been passed

in compliance of the order of this court. In the said show cause

unqualified apology has been tendered for the delay.

5. A supplementary show cause has been filed by

opposite party no.5 stating that in compliance of the order of this

court dated 24.02.2011 and also in view of order dated 06.08.2011

passed by respondent no.3 cheques have been issued for the

petitioner.

6. Learned counsel for the opposite parties produces

eight cheques of State Bank of India, Daudnagar Branch,

Aurangabad bearing cheque no. 008399 dated 28.06.2011 for an

amount of Rs.14906.00; cheque no.008400 dated 28.06.2011 for

an amount of Rs.44671.00; cheque no.008401 dated 28.06.2011

for an amount of Rs.16932.00; cheque no.008402 dated

28.06.2011 for an amount of Rs.3808.00; cheque no.008403 dated

28.06.2011 for an amount of Rs.26815.00; cheque no.008404

dated 28.06.2011 for amount of Rs.11088.00; cheque no.008419

dated 10.08.2011 for an amount of Rs.95314.00; and cheque
-3-

no.008420 dated 10.08.2011 for an amount of Rs.100.00 totalling

Rs.2,13,629.00 which are handed over by learned counsel for

opposite parties to learned counsel for the petitioner in court by its

permission.

7. In the aforesaid facts and circumstances, the order of

this court has been substantially complied and accordingly this

petition is disposed of.

8.However, if the petitioner is aggrieved by the

aforesaid order dated 06.08.2011 passed by the Collector,

Aurangabad, he will be at liberty to challenge the same before an

appropriate forum as has already been directed by this court vide

order dated 24.02.2011 passed in CWJC no.1369 of 2011.

(S. N. Hussain, J.)
Sunil