Kameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.561 of 2022 In Civil Writ Jurisdiction Case No.11946 of 2021 ====================================================== Kameshwar Singh, Son of Ram Badan Singh Resident of Village-Takiya, P.O.-Takiya Bazar, District-Rohtas (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Amir Subhani, the Chief Secreary, Government of Bihar, Patna, Bihar.

2.

Sri Dharmendra Kumar, the District Magistrate, District Rohtas (Bihar). 3.

Sri Manoj Kumar, the Sub Divisional Officer, Sub Division, Sasaram, District Rohtas (Bihar).

4.

Smt. Roji Rani, the Block development Officer, Block, Sasaram, District Rohtas (Bihar).

5.

Sri Rakesh Kumar, the Circle Officer, Circle Sasaram, District Rohtas (Bihar).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ful Man Singh, Advocate For the Opposite Party/s :

Md. Khurshid Alam, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 28-02-2024 The present MJC / contempt application is filed for non-compliance of the order dated 27.07.2021 passed in CWJC No. 11946 of 2021. The petitioner was asked to submit a representation within a period of four weeks from 27.07.2021. He had submitted representation on 19.08.2021. Thereafter, the concerned respondent was required to pass a reasoned and speaking order after hearing the petitioner within three months

Patna High Court MJC No.561 of 2022(4) dt.28-02-2024 2/3 whereas such order has been passed on 23.02.2024. In other words, the concerned authority was required to pass order on or before 18.12.2021. There is delay of more than two years. 2.

The respondents have remedy of filing interlocutory application seeking extension of time to the order dated 27.07.2021, before expiry of the stipulated time and the same has not been invoked. In other words, the concerned respondent proceeded to sleep over the matter till various orders have been passed by this Court in the present contempt application. It is also to be noted that contempt petition was filed in the year 2022. Even after filing of contempt, respondents have taken their own time of more than one year. Taking note of these lapses on the part of the official respondents, it is a fit case for initiation of contempt proceedings.

3. Be that as it may, since respondents have already complied the order of this Court, therefore, we propose to award litigation cost and it is quantified at Rs. 10,000/- (Rupees Ten Thousand). Cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of this order.

4. Accordingly, present MJC / contempt application stands dropped reserving liberty to the petitioner to question the

Patna High Court MJC No.561 of 2022(4) dt.28-02-2024 3/3 compliance order dated 23.02.2024.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./- U