Shankar Prasad Singh And ORS. v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2227 of 2016 In Civil Writ Jurisdiction Case No. 12328 of 2015 ======================================================
1. Shankar Prasad Singh Son of Late Ram Prakash Singh R/o Mohalla - New Pandasarai, P.O. Laheriyarai, District - Darbhanga
2. Rudal Shahu Son of Sri Murt Shahu Resident of village + P.O. Taralahi, District - Darbhanga
3. Shailendra Kr. Kamati @ Shailendra Kr. Kanti Son of Late Sita Ram Kamati Resident of vill. + P.O. Benipur, District - Darbhanga
4. Lal Babu Yadav Son of Late Harinandan Yadav Resident of village - Maksudpur, P.O. Hayaghat, District - Darbhanga
5. Mohan Mochi Son of Late Hakarmochi Resident of village + P.O. Pohaddi, Via - Benipur, District Darbhanga
6. Subrato Chandra Son of Late Arun Chand R/o Mohalla - Balbahadur, P.O. Laheriyasarai, District - Darbhanga
7. Kuseshswar Mahto S/o Late Sita Ram Mahto Mohalla - Bhathiyarisarai, P.O. Lal Bagh, District - Darbhanga
8. Kapleshwar Mukhiya S/o Late Chuni Lal Mukhiya Resident of village - Dekulichatti, P.O. Kapchhahi, District - Darbhanga
9. Pramod Rai S/o Chulhai Rai Resident of village - Megha, P.O. Koyalasthan, District - Darbhanga
10. Ram Bhajan Mandal S/o Late Sukan Mandal R/o village P.O. Atahar, Via Bahera, District - Darbhanga
11. Ramashish Das Son of Late Bhibhasan Das Resident of village - Haripur, P.O. Shisho, District - Darbhanga
12. Ramanarayan Yadav Son of Muniji Yadav Resident of vill. + P.O. Benipur, District - Darbhanga
13. Arjun Bhandari Son of Late Sitam Ram Bhandari Resident of village - Dhobopur, P.O. Hathori ( South ), District - Darbhanga
14. Kailash Shah Son of Sukhdev Shah Resident of village + P.O. Dekuli, Via - Laheriyasarai, District - Darbhanga
15. Vijay Paswan Son of Boji Paswan Resident of Mohalla - Shubhankar Satihara Tola, P.O. Subhankarpur, District - Darbhanga
16. Md. Safiur Rahman Son of Late Md. Imamuddin Resident of vill. + P.O. Pohaddi, District - Darbhanga
17. Damodar Ram Son of Late Bhutai Ram Resident of vill + P.O. Dohatnarayan, Via - Bahari, District - Darbhanga .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.
The Principal Secretary, General Administration Department Government of Bihar, Patna
3. The Deputy Secretary, General Administration Department, Govt. of Bihar, Patna
4. R.K. Khandewal, the Commissioner, Darbhanga, Commissionery, Darbhanga
5. Dr. Chendra Shekhar Singh, Collector, District Darbhanga .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Mishra
Patna High Court MJC No.2227 of 2016 (5) dt.26-07-2017 2/2 For the Respondent/s :
Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 26-07-2017 The Divisional Commissioner has appeared in person. A very detailed supplementary show-cause has now been filed. The previous order stands recalled. Condonation of age has now been authorized and an unqualified apology has been tendered. The Divisional Commissioner, who happens to be a senior Officer, should be able to take decision on the direction of the High Court in the right perspective and if he had any doubt he should have obtained clarification from the hierarchy of the law officers of the Patna High Court. The present predicament of the Divisional Commissioner is because of his indiscretion in taking such decision earlier. However, in the changed circumstances and the decision, which now has been taken, which seems to be in conformity with the previous direction issued in the writ application, contempt application now stands disposed off. The personal appearance of the Divisional Commissioner stands dispensed with.
Before parting, it is made clear that the District Magistrate shall now take follow up action.
(Ajay Kumar Tripathi, J) SKM/- U