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Patna High Court

Dr. Dasharath Prasad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to file a fresh writ petition for the balance amount and disposed of the contempt petition.

Summary

The petitioner, Dr. Dasharath Prasad Yadav, was awarded Rs. 3,13,360 by the Patna High Court, which was paid. Later it emerged that a larger sum of Rs. 6,24,827 was due. The petitioner sought permission to file a fresh writ petition for the balance amount. The Court granted liberty to file the new writ petition and consequently disposed of the contempt petition that had been filed. The order effectively allows the petitioner to pursue the remaining claim against the State and university officials.

Issues considered

  • Whether the petitioner is entitled to liberty to file a fresh writ petition for the balance amount of Rs. 6,24,827
  • Disposition of the contempt petition filed by the petitioner

Subjects

  • writ petition
  • balance amount
  • non-payment
  • contempt petition
  • High Court
  • liberty to file

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1949 of 2023
                                                      In
                                Civil Writ Jurisdiction Case No.10064 of 2019
                  ======================================================
                  Dr. Dasharath Prasad Yadav Son of Late Banarasi Prasad Yadav, Resident of
                  Mohallah- Raj Nagar, Khagaul Road, Danapur, Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar through its Principal Secretary, Department of Education,
                  Patna.
            2.    Sri K.K. Pathak , the Secretary, Department of Education, Patna.
            3.    Mr. Shashi Pratap Sah, The Vice Chancellor, Magadh University, Gaya.
            4.    Mr. Deepak Kumar, the Registrar, Magadh University, Bodh Gaya.
            5.    Mr. Sunil Kumar, the Finance Officer, Magadh University, Bodh Gaya.
            6.    Mr. Rajesh Kumar, the Vice Chancellor, Patliputra University, Patna.
            7.    Mr. Jitendra Kumar, the Registrar, Patliputra University, Patna.
            8.    Mr. Ashok Kumar, the Principal, Kisan College, Sohsarai, Nalanda.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s          :       Mr.Virendra Prasad, Adv.
                  For the Opposite Party/s      :       Mr.Madan Jeet Kumar (Gp20)
                  For the Magadh University     :       Mr. Harsh Singh, Adv.
                  For the PPU                   :       Mr. Rana Vikram Singh, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

10   16-01-2026                 Ultimately, this Court had in its earlier order noticed

                    that the Registrar, Magadh University, Bodh Gaya has passed a

                    reasoned order dated 11.8.2025, in pursuance to the order of this

                    Court dated 6.5.2019, passed in CWJC No. 10064 of 2019,

                    admitting that a sum of Rs. 3,13,360/- is payable to the

                    petitioner. Hence, this Court, vide order dated 22.8.2025 had

                    directed the Magadh University and the Government to sort out

                    the matter and make payment of the said amount, pursuant
         Patna High Court MJC No.1949 of 2023(10) dt.16-01-2026
                                                     2/2




                   whereof, the said amount of Rs. 3,13,360/- has stood paid to the

                   petitioner. However, it has transpired subsequently that actually

                   a sum of Rs. 6,24,827/- is required to be paid to the petitioner.

                   2.      In such view of the matter, the learned counsel for the

                   petitioner seeks liberty on behalf of the petitioner to file a fresh

                   writ petition, agitating his grievances regarding non-payment of

                   the balance amount, which is due to be paid to the petitioner by

                   the opposite parties. Liberty, so sought, is granted.

                   3.      Accordingly, the present contempt petition stands

                   disposed off.


                                           (Mohit Kumar Shah, J)

Ajay/-
U


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