IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.251 of 2011 DIWAKAR YADAV, Advocate in person, S/o Sargun Prasad Yadav, At +P.O.- Dhuabai, P.S.-Sanokhar, District-Bhagalpur …………. Petitioner Versus 1. THE STATE OF BIHAR 2. C. Ashok Bardhan, The Principal Secretary, Land Reform and Revenue Department, Govt. of Bihar, Patna 3. A. K. Nayak, the Principal Secretary, Water Resources Department, Govt. of Bihar 4. Rahul Singh, the District Magistrate, Bhagalpur 5. Sanjay Singh, S.P. Bhagalpur 6. Nandlal Prasad Singh, the Executive Engineer Irrigation, Division, Bhagalpur 7. Bikramaditya Singh, the Area Officer-cum-Block Development Officer, Sanhaula, Bhagalpur 8. The Junior Engineer, Irrigation Sub Division Kahalgaon, Bhagalpur 9. Sri Sitaram Pandey, the Vikash Deep NGO Reg. No. 1328/09-10 through its Secretary, At-P.O.-Dhuasai, Bhagalpur 10. Waahid Nut, the Officer in Charge P.S. Sanokhar, Bhagalpur 11. Aasnish Company through Aashish Ram S/o unknown Praasey Executing the earthy work of Zamindari 12. Vivekanand Yadav, S/o Late Hari Yadav Partner of the executing gent At+P.O. Arar P. S. Sanokhar, Bhagalpur 13. Janardhan Yadav S/o not known partner of the executing gent at Bela, P.S. Sanokhar, Bhagalpur ……….. Respondents ----------- 2/- 24.02.2011 After hearing counsel for the petitioner, we fundamentally find no reason for contempt because order passed by the earlier Division Bench in C.W.J.C. No. 4744 of 2010 was in such terms as not giving rise to any act of contempt as it was not issuing any direction specifically to perform a particular act. However, considering that act complained of may involve malfeasance of public fund committed by the Executive Engineer and others as appears stated in the accompanying letter addressed to the Superintendent of Police, Bhagalpur, the - 2 - petitioner shall have liberty of initiating criminal proceedings as per procedure laid down in the Criminal Procedure Code. That liberty was always available to the petitioner. This contempt petition is disposed of with the above observation. Ashwini/ (T. Meena Kumari, J. ) (Dharnidhar Jha, J.)