IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.132 of 2007 SHASHI BHUSHAN RAY, son of Sri Baidyanath Ray, Resident of village Madhopur, P.S. Siswan, Dist. Siwan, at present partner of Indian Safety Glass Industries, Patliputra Industrial Estate, Patna- 13------------------------------petitioner Versus 1.The State of Bihar 2.Sri Rajdeo Singh, General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking (PESU) Patna 3.Sri V.K.Choudhary, the Electrical Executive Engineer, Electric Supply Division, Patliputra, PESU, Patna 4.Sri Om Prakash Singh, the Electrical Superintending Engineer, PESU(West) Circle, Patna-----Opp.parties ----------- 8. 11.8.2009 Heard learned counsels for the parties. The petitioner seeks initiation of a contempt proceeding against the opposite parties, the officials of the Bihar State Electricity Board for wilful disobedience of the order dated 30.7.2003 passed in C.W.J.C.No.14517 of 2002. In the show cause filed on behalf of the opposite parties it is stated that the order under contempt has been complied with by passing a reasoned order dated 6.6.2007 after hearing the contempt petitioner. Regarding the delay in passing the said order it is stated that the original writ petitioner Dilip Prasad, who was the sole proprietor of the Industrial Unit, had entered into an H.T. agreement with the Board and thereafter he had 2 not persued the matter with the Board and all payments were being made by him in terms of the H.T. agreement. Subsequently the present petitioner was inducted as a partner of the said Unit and thereafter the original writ petitioner sent a letter dated 17.11.2006 to the authorities of the Board stating that he has retired from partnership in terms of Clause 18 of the partnership deed dated 5.1.2003 and has given a notice of retirement on 18.7.2006 and, accordingly, there shall be no liability upon him with regard to the said unit. The authorities of the Board immediately thereafter sent a notice to the present petitioner of the contempt application for submission of fresh partnership deed by entering into a fresh H.T. agreement under the existing account within 15 days from the said letter dated 17.11.2006 and further reminders were also sent. However, it is stated that instead of producing the relevant documents regarding partnership and executing fresh H.T. agreement the contempt petitioner Shashi Bhusan Ray has filed the present application. On a consideration of the entire facts and circumstances, this Court does not find it a fit 3 case for proceeding under its contempt jurisdiction. The contempt application is, accordingly, dismissed. The petitioner, if aggrieved by the aforesaid order of the Board, shall be at liberty to challenge the same in appropriate proceedings. (Ramesh Kumar Datta,J.) spal/