IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.970 of 2008 ***** Ram Bali Mistry, son of Late Dukhi Mistry, resident of Mohalla- Khajoorbanna; P.s.- Sultanganj under District Patna….. Petitioner. Versus 1. The State Of Bihar through Mr. Anjani Kumari, Secretary, the Human Resources Development Department (Higher Education) Govt of Bihar Patna. 2. Mr. Shyam Lal Vice Chancellor Patna University, Patna. 3. Mr. Bibhash Kumar Yadav Registrar; Patna University, Patna. …….. Opposite Parties /Contemners. ----------- For the Petitioner : Mr. Harendra Tiwary , Advocate For the Respondents : Mr. Debanjan Chowdhary, Junior Counsel to Standing Counsel -III ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 15th December, 2008. We heard the counsel for the applicant. This contempt application is wholly misconceived, frivolous, devoid of any substance and rather abuse of process of Court. It is not in dispute that the petitioner filed the contempt application earlier being M.J.C. No.99 of 1996 for non-compliance of the order dated 2nd December, 1994. It is also not in dispute that the said contempt application was withdrawn. The order dated 5th April, 1999, whereby the earlier contempt application was dismissed reads thus: - “Counsel for the petitioner sought for and is granted permission to withdraw this application. This M.J.C. application stands dismissed as withdrawn.” - 2 - 2. A perusal of the order dated 5th April, 1999 would show that withdrawal of the contempt application was unconditional and was not founded on any promise made by the respondents. As a matter of fact, there is no document, placed on record, supporting the petitioner’s case set-up in this contempt application that the earlier contempt application was withdrawn on the assurance given by the University that the payment shall be made. 3. Contempt application is accordingly rejected. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-