IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.71 of 2010 JYOTISH KUMAR BHAGAT son of late Ram Prasad Bhagat, resident of Mohalla- Goshala, Police Station Sadar Katihar, District- Katihar. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Sri Deottam Verma, the District Magistrate, Katihar. 3. Sri Mahamad Hussain, Executive Engineer, NREP, Katihar, District- Katihar. . . . . . Opposite parties. ----------- 2/ 07.07.2010 Heard learned counsel for the petitioner and the State. The petitioner has filed this application for initiation of contempt proceeding against the opposite parties for their willful negligence and deliberate disobedience of order dated 03.07.2009 passed in C.W.J.C. No. 7309 of 2009. Counsel for the petitioner submits that the measurement has not been properly done and some of the members put on the committee should not have been there. He further submits that the technical officer has wrongly curtailed the amount, and in this respect, learned counsel has referred to page 26 of the reply to the show-cause filed today. Learned counsel further submits that the respondents even did not heed to the protest made by him that all works were not measured and have only partially been measured. The petitioner has also stated in paragraph 13 of the reply to the show-cause that the work was not measured in accordance with rule 231 of the P.WA Code, because no signature of the petitioner was obtained on the measurement book. A show-cause has been filed on behalf of State and has stated that there is no negligence and deliberate disobedience of order dated 03.07.2009, passed in C.W.J.C. No. 7309 of 2009. - 2 - Having heard the counsel for the parties, I do not find that any contempt is made out against the opposite parties. The grievance that the authorities have not done measurement properly and have left some of the measurement, it will be open to the petitioner to challenge the same in the appropriate forum. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)