IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 1554 of 2008 M/s S S Traders, Birsar, Pandaul, District – Madhubani through its Manager Subodh Kumar Jha, son of late Krishna Jha, resident of Village – Birsar, Pandaul, District – Madhubani- Petitioner Versus 1 The State of Bihar 2 Sri S C Sirohi, Commissioner and Secretary, Rural Development Department, Government of Bihar, Patna 3 Sri Sanjay Kumar Singh, Executive Engineer, Rural Engineering Organization (W) Division, Madhubani - Opposite Parties *** For the petitioner : Mr S C Jha – 3, Advocate For the S t a t e : Mr Partha Sarthy, S C X *** 3 07.04.2011 Today, the Executive Engineer, Rural Works Department, Works Division, Madhubani is personally present in Court. He hands over two cheques drawn in favour of the petitioner. One being for an amount of Rs 2,31,864/- towards the principal amount payable after statutory deductions and the other being a cheque for Rs 1,95,632/- towards interest liability for delayed payment. Both the cheques are drawn on Canara Bank, South Gandhi Maidan, Patna (Main) and are dated 05.04.2011 and 07.04.2011 respectively being cheques No 071601 and 071603 respectively. This is towards full and final settlement pursuant to order dated 12.03.2008 passed in CWJC No 14801 of 2006. The cheques are handed over to the learned counsel for the petitioner. In my view, the matter does not end there. It may be noted 2 that the writ petition was disposed of on 12.03.2008 with the direction to pay the amount within one month otherwise the same would be payable with interest of 6% per annum from the time it was due till the time it is paid and with a further direction that the interest amount shall be recovered from the person who is responsible for causing the delay in payment. Nothing has been brought on record to show as to who has been made responsible for the delay in payment because the State cannot suffer for laches for its officers. It may be noted that first a defence had been taken in these proceedings that Letters Patent Appeal No 786 of 2008 was filed against the judgment. Let it be noted that the said LPA was allowed to be dismissed and then restored. No stay was prayed for. However, ultimately, after hearing the matter on merit on 29.11.2010, the LPA itself was dismissed. That was almost four months back still there was no compliance of order of the writ Court. It is only after this Court directed personal appearance of the Executive Engineer that payments are being tendered. This is most unfortunate situation where contempt proceedings are used for executing orders of the Court and the authorities refuse to abide by orders till they are put under pressure in contempt proceedings. This shows total disregard to rule of law. In such a situation, I am left with no option but to order that State would pay a further sum of Rs 20,000/- as cost for not only harassing the petitioner but wasting time of this Court and not complying with orders till contempt proceedings are taken up. It would be open to the State to realise the same from officer concerned for causing this delay as State should not suffer for fault of officers. The amount of Rs 20,000/- 3 should be deposited in the Patna High Court Legal Aid Committee within a fortnight and receipt filed immediately thereafter. Office to ensure compliance. This matter is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)