IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2907 of 2006 RAM NARESH SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/S. Jyoti Sharan, Raju Giri For the Respondents: Mr. S. K. Ghosh, AAG 2, Mr. A. P. Singh, CGC ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Ghanshyam Prasad ------------ Dated, the 10th July, 2008. In the Civil Review application (Civil Review No. 179 of 2006), a counter affidavit has been filed by the Government of India. Along with the counter affidavit, a communication dated September 24, 2007 has been annexed. The said communication has been taken note of by us while considering the review application. For the purpose of this contempt petition also we deem it proper to re-produce the said communication which reads thus : “Kindly refer to your letter No. Lekha-02- 12/2004-/940 dated 2nd November, 2006 regarding adjustment of funds of Rs.1885.88 lakh as one time package released by this Department against the release of Rs.1944.00 lakh Grants-in-aid by Government of Bihar from States own fund for mitigating the hardship of cane growers of Bihar. As you are aware, Government of India released the amount of Rs.1885.88 lakh to Bihar Government as one time assistance by this Department vide its letter No. 24-1/2003-CA V dated 29.1.2004. This amount was released with some terms and conditions for mitigating the hardship of sugarcane farmers who were not paid the cane arrears for 2002-03 season by private sugar factories. 2. It has been stated in para 2 of your letter that before the receipt of the funds from Government of India, an amount of Rs.1944 lakh was released by Government of Bihar from its own funds for payments to - 2 - the farmers. It has been further stated that the purpose for which the government of India released Rs.1885.88 lakh, was already achieved from the Bihar Government’s release of Rs.1944 lakh from its own fund. 3. Keeping in view the submissions expressed in para 2 of your letter dated 2nd November, 2006, this Department has no objection to the adjustment of funds of Rs.1885.88 lakh released by this Department against the release of Rs.1944.00 lakh Grants-in-aid by Government of Bihar from States own fund for mitigating the hardship of cane growers of Bihar. However, the terms and conditions subject to which the fund of Rs.1885.88 lakh as one time package was released by this Department’s letter No. 24-1/2003-CA V dated 29.1.2004 will remain unchanged. 4. Since this was a one time package, the request for additional fund of Rs.58.12 lakh by the State Government may be adjusted from the State own resources/interest earned, if any, on the funds of Government of India (Rs.1885.88 lakh) parked with the State treasury. “ 2. From the said communication it is clear that although Government of India released Rs.1885.88 lakh to the Government of Bihar for mitigating the hardship of the cane growers, keeping in view the fact that the State government had already disbursed the said amount from its own fund for mitigating the hardship of the cane growers, the Government of India agreed for adjustment of Rs.1885.88 lakh against the amount already disbursed by the State government. 3. In this backdrop of facts, we are satisfied that no cognizance needs to be taken in this contempt application. 4. M.J.C. is disposed of accordingly. R. M. Lodha, CJ Ghanshyam Prasad, J AMIN/- - 3 -