IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4203 of 2009 YOGESH KUMAR CHOUDHARY S/O KAMESHWAR CHOUDHARY R/O VILL.- KARAGAHAR, P.S. KARAGAHAR, DISTT.- ROHTAS. Versus 1. THE STATE OF BIHAR 2. MR. ANUPUM KUMAR, DISTRICT MAGISTRATE ROHTAS 3. MR. SRI RAM SINGH, DISTRICT SUPERINTENDENT OF EDUCATION ROHTAS 4. MR. SRI RAM PRASAD, BLOCK EDUCATION EXTENSION OFFICER KARAGAHAR, DISTT.- ROHTAS. ----------- 3. 09/03/2011 This Court had passed orders on 30.7.2009 in the writ application of the petitioner, namely, C.W.J.C.No.8679 of 2009 directing the opposite parties to consider the claim of the petitioner as expeditiously as possible and preferably within a period of three months from the date of receipt/production of a copy of the order. The order was later on corrected on 13.8.2009 by replacing the expression ‘District Education Officer’ with the expression ‘District Superintendent of Education’. From Annexure-3 it appears that the order was produced in the office of the District Superintendent of Education on 24.8.2009. Thus, the District Superintendent of Education was required to comply the order within three months i.e. by 24.11.2009. The same having not been done, petitioner filed 2 this contempt application on 22.12.2009. A show cause has been filed on behalf of opposite party no.3 the District Superintendent of Education, Rohtas on 3.3.2011 in which name of Hon’ble the Chief Justice has been wrongly mentioned. Let the same be treated as corrected by reading the name of present Hon’ble the Chief Justice therein. From the show cause, it appears that after filing of the contempt application, order of this Court has been complied with by the opposite party, the District Superintendent of Education by order dated 6.2.2010. Inspite of earlier order of this Court dated 11.8.2010, no explanation has been furnished in the show cause for the delay caused in compliance of the order of this Court which necessitated filing of this contempt application. Now that the order of this Court has been complied with and final orders have been passed on the representation of the petitioner, this Court is not inclined to initiate any proceeding of contempt against the opposite party. However, since the order 3 has been complied, but after filing of the contempt application, show cause of the opposite party District Superintendent of Education is accepted and contempt is dropped on the condition that the opposite party District Superintendent of Education, Rohtas shall pay a cost of Rs.2000/- (Rupees two thousand) to the petitioner from his own salary for compelling the petitioner to approach this Court by filing this contempt application for compliance of the order. Cost must be paid to the petitioner within one month from today and the receipt of the same must be filed in this Court in connection with this MJC application, failing which this application shall stand revived. Pradeep/ ( J. N. Singh,J.)