IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3061 of 2011 Ashraf Khan, son of Sri Ramzan Khan, resident of Mohalla Kachi Sarai, P.S. Mithanpura, District Muzaffarpur … Petitioner. Versus 1. The State Of Bihar through Sri Amarjeet Sinha, the Principal Secretary-cum-Commissioner, Department of Health, Bihar, Patna 2. The State Health Society, a Society registered under the Societies Registration Act, 1860 having its registered office at Pariwar Kalyan Bhawan, Sheikhpura, Patna through Sri Sanjay Kumar, its Executive Director. 3. Sri Sanjay Kujmar, the Secretary-cum-Executive Director, State Health Society, Pariwar Kalyan Bhawan, Sheikhpura, Patna 4. Sri K. C. Saha, the Development Commissioner, Government of Bihar, Patna. … Opposite Parties ----------- 05/ 19.10.2011 Heard learned counsel for the petitioner, learned counsel for opposite parties no. 2 and 3 and learned counsel for opposite parties no. 1 and 4. 2. This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for deliberately and intentionally violating order dated 31.03.2011 passed by this Court in C.W.J.C. No. 4838 of 2011, by which the Development Commissioner, Government of Bihar was directed to consider the arbitration matter in accordance with law after giving opportunities to all the parties, namely the petitioner (lessee), the State Health Society (lessor) and the intervener (sub-lessee) to place their case and produce materials within 60 days from the date of receipt/production of a copy of the said order as the matter was very urgent and was affecting the parties concerned seriously. 3. It transpires that order dated 24.05.2011 (Annexure `B’ to the show cause of opposite party no.4) has been passed by 2 the Development Commissioner, Government of Bihar within the prescribed time. However, this Court cannot go into the merit or otherwise of the said order. 4. Learned counsel for the petitioner seeks permission to withdraw this M.J.C. petition with a liberty to challenge the said order dat6ed 24.05.2011 passed by the Development Commissioner, Government of Bihar before an appropriate forum. 5. Accordingly, this M.J.C. petition is disposed of as withdrawn with the aforesaid liberty to the petitioner. MPS/ ( S. N. Hussain, J.)