IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2307 of 2005 TARA PRAKASH Versus STATE OF BIHAR & ORS ----------- 4. 11.9.2008. This application has been filed for initiating a proceeding for contempt against the opposite party for non-compliance of the order dated 15.10.2004 passed in C.W.J.C.No.13280 of 2004. Mr. Rajnish Kant appears for the petitioner. Opposite Party are represented by JC to AG.III. Writ petitioner filed application for construction of a school building. He was given opportunity to approach the District Magistrate for the said purpose. An observation was also made that if he finds that the funds are there, then to ensure that construction starts and in case of any impediment, to remove that. Complaining non-compliance of the aforesaid order, the present contempt petition has been filed. Show cause has been filed on behalf of Opposite party No.5, in which it has been stated that the advance amount was withdrawn - 2 - and the work commenced but there was objection from the family of the donor and they had filed civil suit as also writ application before this Court. The place where the school was sought to be constructed, having become disputed, the authority deemed it inexpedient to proceed with the construction. We are of the opinion that the action of the opposite party cannot be termed to the willful disobedience of the order of the court, so as to expose them for contempt of the Court. We are of the opinion that no case for initiating proceeding for contempt is made out. Application stands dismissed. (C.K.Prasad) (Dr.Ravi Ranjan) ahk