IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.108 of 2009 Madan Mohan Pandey, son of Late Kumar Lal Pandey, Resident of village-Rajgram (Bhaur), Police Station –Pandaul, District- Madhubani. …. Petitioner. Versus 1. The State of Bihar. 2. Lalit Narayan Mithila University through its Vice Chancellor, L N M U, Darbhanga. 3. Dr.(Mrs) Indu Bala Singh, Vice Chancellor, Lalit Narayan Mithila University, Darbhanga. 4. Prof. Naresh Jha, Registrar, Lalit Narayan Mithila University, Darbhanga. 5. Prof. Mustaque Ahmad, Pension Officer, Lalit Narayan Mithila University, Darbhanga. 6. Sri Ashok Kumar Karn, Finance Officer/Accounts Officer, Lalit Narayan Mithila University, Darbhanga. 7. Prof. Kameshwar Jha, Principal, Samastipur College, Samastipur. … Opposite Parties. ----------- For the petitioner : Mr. Ashutosh Kumar, Advocate. For the State :Mr. Anant Kumar, A.C. to S.C.-XI For L.N.M. University : Ms. Shail Kumari Jha, Advocate ------ 13/ 21.07.2010 Heard learned counsel for the petitioner and learned counsel for the L. N. Mithila University and its authorities as well as learned counsel for the State of Bihar. This petition has been filed for initiating a proceeding of contempt against the opposite parties for disobedience of order dated 16.07.2008 passed in MJC No.2579 of 2006 by which a liberty was given to the petitioner to move before the Registrar of the University with respect to his claim along with relevant material and if the application is filed within the aforesaid time, the authority will dispose it of within eight weeks thereafter and if any amount is found payable to the petitioner, it should be paid to - 2 - him immediately. Learned counsel for the petitioner submits that earlier the stand of the respondent-State was that 75% of the dues had been paid, but now an affidavit has been filed on behalf of the State clearly averring that Senior Finance Auditor of the State after examining the records of the arrear claims of the petitioner has submitted its report on 13.04.2010, according to which an amount of Rs.6, 86, 236/- only was recoverable from the petitioner as the amount earlier paid to the petitioner was in excess. A chart has been given in the said report which is Annexure-A to the affidavit of the State. Learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to move before the authority concerned challenging the said report and its calculation. In the aforesaid facts and circumstances, this petition is disposed of as withdrawn with a liberty to the petitioner to move before the authority concerned. However, if such a petition is filed by the petitioner before the authority concerned within one month, the said authority will dispose it of within two months from the date of its filing. It may be noted that if the petitioner is aggrieved by the decision of the authority concerned on his petition, he will be at liberty to challenge the same before an appropriate forum. Sunil (S. N. Hussain, J.)