IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.12 OF 2011 JAG MOHAN GARG, S/O LATE HARISHANKA GARG, RESIDENT OF ICE FACTORY, BADAUN ROAD, SUBHASH NAGAR, TOWN, P.S & DISTRICT BAREILY (U.P.), PRESENTLY FLAT NO. 206, ARANYA VIHAR APARTMENT, BORING ROAD, PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY CUM COMMISSIONER, WATER RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR,SICHAI BHAWAN, PATNA PRESENTLY MR. AJAY NAIK. 2.MR.AJAY NAIK, THE PRINCIPAL SECRETARY, W.R.D. DEPT. GOVT OF BIHAR, SICHAI BHAWAN, PATNA. 3.THE PRINCIPAL SECRETARY CUM COMMISSIONER, FINANCE DEPARTMENT, GOVT. OF BIHAR,MAIN SECRETARIAT, PATNA PRESENTLY MR. RAMESHWAR SINGH. 4.MR. RAMESHWAR SINGH, THE PRINCIPAL SECRETARY CUM COMMISSIONER, FINANCE DEPT, GOVT. OF BIHAR, PATNA. ………………………OPPOSITE PARTIES. ----------- 02/ 20.09.2011 Heard Dr. Maya Nand Jha, learned counsel for the petitioner and learned counsel for the State. Having perused the show cause reply especially the reliance of the Authority on a fresh decision taken by the Finance Department vide its letter no. 13167 dated 26.11.2010, this Court would find that a reasoned order passed by the Authority would at least absolve him from the allegation of committing contempt, inasmuch as, the direction contained in 2 this order of this Court by way of passing a reasoned order has been complied by the opposite parties. Dr. Jha, learned counsel for the petitioner, however, would submit that the reasons virtually are the same which were dealt in the earlier order of this Court while remitting the matter to the opposite parties. In the considered opinion of this Court, the order of the Finance Department which was binding on all the other departments being not in existence at the time of passing of the order in the writ application, if the same has been relied by the Authorities for disposal of the representation, it cannot be said that the reasons are the same. This Court would, however, immediately clarify that it would be always open for the petitioner to assail the order passed by the Authority as also order of the Finance Department in an appropriate proceeding, wherein, they will be also in a position to bring their individual facts which in fact was not placed by them in their individual representation filed by them in terms of 3 the order of this Court. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)