Dr. Upendra Prasad Singh, Vs The State of Bihar and Ors.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.283 of 2019

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In

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Civil Writ Jurisdiction Case No.1232 of 1998

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Dr. Upendra Prasad Singh, Shri Chandraketu Prasad Singh, Resident of Bagdulhan, Hajipur, P.S. Hajipur, District- Vaishali, Pin- 844101.

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... ... Petitioner/s

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Versus

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The State of Bihar through Shri R.K. Mahajan, Male, age not known to the petitioner, son of not known to the petitioner, Principal Secretary, Education Department, Bihar, Patna.

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Prof Amrendra Yadav, Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.

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Col Anil Kumar Rai, Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Abhinav Srivastava For the Opposite Party/s : Mrs. Shilpa Singh (GA-12)

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 21-11-2024

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Heard learned counsel for the petitioner, learned AC to GA-12 and the learned counsel appearing on behalf of the University Mr. Anil Singh.

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The learned counsel for the University submits that the instant contempt application has been filed alleging willful and deliberate disobedience of the order dated 02.11.2010 passed in C.W.J.C. No.1232/1998 by a then learned co-ordinate Bench of this Court. It is next submitted that in sum and substance this Court while disposing of the aforesaid writ application had directed the university to make payment of all

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Patna High Court MJC No.283 of 2019(4) dt.21-11-2024 2/3

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the legitimate dues of the petitioner within a period of three months from the date of receipt/production of a copy of the order or else the petitioner shall be entitled to receive interest for the delayed payment at the rate of 12%. The learned counsel next submits that the legitimate claim of the petitioner was paid in the year 2012. It is next submitted that since petitioner was satisfied with the payment, he received, as such no contempt application was filed but all of a sudden in the year 2019 the instant contempt application came to be filed. It is further submitted that the order of this Court was to pay all the legitimate dues and not the fanciful demand of the petitioner. It is next submitted that a show-cause was also filed after serving on the learned counsel appearing on behalf of the petitioner in April, 2024 but till date no reply to the show-cause has been filed, which amply demonstrates that the order of this court stands complied.

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The learned counsel appearing on behalf of the petitioner though does not dispute the said submission of the learned counsel appearing on behalf of the university that petitioner had received payments but then submits that the entire payment has not been made and seeks time for filing a reply to the show-cause. The court is not inclined to give time to the

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Patna High Court MJC No.283 of 2019(4) dt.21-11-2024 3/3

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petitioner for filing reply as the show-cause was served on him in the month of April, 2024 itself, as such, the court does not feel persuaded to proceed with the contempt any further. However, if any dues of the petitioner has still not been paid as is being contended, the petitioner would be at liberty to file an application before an appropriate forum, in accordance with law, for redressal of his left over grievance if any.

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The contempt application is dismissed with the liberty aforesaid.

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(Satyavrat Verma, J)

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amit/-

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U

Dr. Upendra Prasad Singh, v. The State of Bihar and Ors.

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Dr. Upendra Prasad Singh, v. The State of Bihar and Ors.

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