IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.826 OF 2011 RAJ NANDAN MISHRA, S/O LATE BRAJ KISHORE MISHRA, R/O PRABHA NIKETAN CHANDPUR BELA, P.S JAKANPUR, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.SRI MANISH KUMAR, THE COMMISSIONER- CUM-CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, PATNA. 3.SRI ANIRUDH PD. SINGH, THE DIRECTOR, PROVIDENT FUND, PANT BHAWAN, BAILEY ROAD, PATNA. ………………………OPPOSITE PARTIES. ----------- 03/ 21.10.2011 Heard counsel for the parties. In the order of this Court dated 07.05.2010 for the Patna Municpal Corporation had undertaken to pay the balance amount of Provident Fund contribution of the petitioner along with statutory interest within a period of one month from the date of receipt/production of a copy of this order. In the show cause filed today, it has been stated that such amount of Provident Fund contribution along with interest being Rs. 2305/- on account of arrear of Provident Fund along with interest (Rs. 1531/- as teacher contribution with interest and Rs. 774/- as employer contribution) had already been paid to the petitioner vide cheque no. 295196 dated 01.06.2006, which was also received by the petitioner on 20.09.2006. In this regard the 2 opposite party has also enclosed the photocopy of the register showing receipt of the cheque by the petitioner. In view of the fact that the opposite party claims to have already paid the amount of Provident Fund with interest (employer contribution) after filing of the writ application, this Court would find it difficult to now hold the opposite party guilty of committing contempt, inasmuch as, the petitioner will not be entitled to claim double payment. Nonetheless as the petitioner claims amount of Rs.867/- to be still due on account of alleged non payment of his amount of Provident Fund, if he would satisfy the opposite party as with regard to non receipt of the aforementioned cheque by him, the matter will be re-examined by the opposite party and a reasoned order in this regard on the representation to be filed by the petitioner will be passed in accordance with law. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.) 3