IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1473 of 2006 SHASHI BHUSHAN SINGH Versus STATE OF BIHAR & OTHERS ----------- For the Petitioner : Mr. Uma Shankar Singh No. 2 For the Respondents 1 to 3 : Mr. Rajesh Kumar Verma, J.C. to S.C. XI ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 31st July, 2008. We heard counsel for the parties. 2. The only controversy that has been raised by the counsel for the petitioner is with regard to non payment of subsistence allowance for the period from 8th March 2002 to 23rd November, 2003. 3. Show cause has been filed on behalf of opposite party no. 2 on 16.3.2007. On behalf of opposite party no. 3, show cause has been filed on 24.5.2007. A supplementary show cause has been filed by opposite party no. 2 on 1.6.2007. Neither from the main show cause nor from the supplementary show cause, the Government Counsel could show us that payment of subsistence allowance from 8th March, 2002 to 23rd November, 2003 has been made. 4. Since both the parties are not in a position to make a firm statement as to whether until today, the subsistence allowance, for the period from 8th March, 2002 to 23rd November, 2003, has been - 2 - paid to the petitioner or not, we are satisfied that the action under the contempt jurisdiction is not required and the interest of justice would be sub-served by the following order: The respondents shall make payment of subsistence allowance for the period from 8th March, 2002 to 23rd November, 2003 to the petitioner, if not made so far, within one month from the date of receipt of this order. 5. M.J.C. is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-