IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2834 of 2006 PARAS NATH SINGH & ORS Versus STATE OF BIHAR & ANR ----------- For the Petitioners : Mr. Birendra Kr. Singh, Adv. For the Opposite parties : G.A.V ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 17th July, 2008. We heard the counsel for the applicant. 2. It is alleged that the order dated 28th July, 2006 passed on interlocutory application during the pendency of the first appeal has been breached. The relevant portion of the order dated 28th July, 2006 reads thus: - “In that view of the matter, the learned Collector of the district of Aurangabad is hereby directed to deposit the entire decretal amount with solatium and interest till the date of deposit in accordance with law with the learned trial court, or the learned execution court, if execution has been levied, within a period of three months along with the affidavit personally sworn by the Collector of the district giving details of calculation. The respondents shall be entitled to withdraw half of the amount without the necessity of furnishing any security. In so far as the balance half of the deposit is concerned, the respondents shall be entitled to withdraw the same after furnishing security to the satisfaction of the learned court concerned. The learned court shall ensure that needlessly onerous conditions are not imposed on the respondents”. - 2 - 3. A cause has been shown by the Opposite parties on 15.1.2007. In paragraph 10, 11, 12, 13 and 14, the following statement has been made: - “10. That after having received some amount the District Land Acquisition Officer, Aurangabad vide letter dated 20.11.2006 addressed to learned Sub Judge-Ist, Aurangabad stating therein that the amount has been received and as per the direction of the Income Tax Department letter dated 4.10.2006 10% tax deduction was necessary and accordingly after deducting 10% Income Tax the amount is being deposited through cheque for payment. 11. That a cheque amounting to Rs 25,11,730.75/- was deposited in the name of the respondent- petitioner vide cheque No. 88744 dated 20.11.2006. 12. That the learned Trial Court below had passed an award amounting to Rs 24,90,811.75/- in favour of the opposite parties. 13. That after calculation of the amount with 15% interest with effect from 3.6.1997 to 20.11.2006 comes to Rs 41,44,237.25/-. 14. That after deposited the chart of the said amount in the Court below the rest amount is Rs 13,54,425.50/- is to be paid to the petitioner( Respondent).” 4. A supplementary show cause has been filed on 24th April, 2007, wherein the following statement has been made: - “2. That incompliance of order and judgment of this Hon’ble Court the total award amount with interest upto 26.11.2006 amounting to Rs. 41,44,237.35 has been paid to the petitioners Paras Nath Singh and others after deducting 10% Income Tax on vide letter dated 26.3.2007 by the District Land Acquisition Officer, Aurangabad.” 5. Having considered the matter thoughtfully, - 3 - particularly the allegations made by the petitioner and the show-cause, we are satisfied that no case for contempt is made out. 6. M.J.C. is accordingly rejected. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-