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2018 DIGILAW 2721 (JHR)

Shiv Kumar Jha v. State Of Jharkhand

2018-12-11

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - Alleging willful disobedience of order dated 11.12.2013 passed in W.P.(S) No.2869 of 2011, the petitioner has filed this contempt case for initiating a proceeding against the contemnors under the Contempt of Courts Act, 1971. 2. Mrs. Jasvindar Mazumdar, the learned counsel for the petitioner submits that the Secretary, Department of Agriculture, Animal Husbandry and Co-operative in her show-cause reply has pleaded that the amount payable to the petitioner has been calculated and it is found that Rs.154239/- is payable to the petitioner, however, the said amount has not been paid to the petitioner on the ground that it shall be paid from the cadre fund. 3. By an order dated 11.12.2013 simply a direction was issued to the respondents to calculate the amount payable to the petitioner. No doubt, the admitted amount must be paid to the petitioner but the dispute on the liability to pay was not raised and, thus, not decided by the writ Court. In the above facts, the learned State counsel has rightly objected to this contempt petition. 4. In view of the order passed by the writ Court, while exercising contempt jurisdiction this Court cannot go beyond the writ Court''s order and direct the respondents to make payment. The petitioner, if so advised, may avail appropriate remedy as available to him for enforcing the payment of admitted claim, if it is not paid to him. Accordingly, this contempt case stands closed.