IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.605 of 2006 MALTI KUNWAR Versus STATE OF BIHAR & ORS ----------- 09/ 01.9.2008 Counsel for the State, with reference to the orders of this Court dated 28.1.2004, passed in CWJC No. 1102 of 2004 and other analogous matters, submitted that the said writ case was disposed of in the light of the orders dated 19.9.2003, passed in CWJC No. 7054 of 2003 and in compliance of the two orders when the authorities found the claim of the petitioner for payment of the retiral dues of her husband not tenable, then they not only filed counter affidavit in the disposed of case as was directed under orders dated 28.1.2004/ 19.9.2003 on 10.5.2004, which is contained in Annexure-A to the show cause, but also passed reasoned order dated 20.7.2006, Annexure-C and had this Court been aware of the said counter affidavit as also order dated 20.7.2006, Annexure-C then occasion to pass order dated 28.7.2008 would not have arisen in the present case. Perusal of the orders of this Court dated 28.7.2008, passed in the contempt application indicates that the said order has been passed ignoramus of the aforesaid counter affidavit as also the order dated 20.7.2006, Annexure-C. Accordingly, said order dated 28.7.2008 is recalled and this contempt application is disposed of with liberty to the petitioner to challenge order dated 20.7.2006, Annexure- C in accordance with law. Arjun/ (V.N. Sinha, J.)