Prasoon Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1195 of 2021 In Civil Writ Jurisdiction Case No.9378 of 2020 ====================================================== Prasoon Shekhar S/o Sri Uday Pratap Singh Resident of Mohalla- Saheed Ram Govind Singh Path, West Jai Prakash Nagar, Patna- 800001, P.O.- GPO, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, District- Patna.

2.

Mr. Arun Kumar Singh, The Chief Secretary, Government of Bihar, Old Secretariat, District- Patna.

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

For the Petitioner/s :

Mr. Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr. P.K. Verma, AAG-3 Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 12-09-2023 The present M.J.C. is filed for non-compliance of the order dated 16.12.2020 passed in C.W.J.C. No. 9378 of 2020.

2. This Court has directed the petitioner to file his representation and thereafter the concerned authority was required to take a decision within a period of two months from the date of petitioner's representation. The petitioner had submitted representation on 14.01.2021 pursuant to the order dated 16.12.2020. The same has not been complied, thereafter

Patna High Court MJC No.1195 of 2021(4) dt.12-09-2023 2/2 the present contempt petition has been filed in the year 2021. For more than two years, the respondents have not complied the order and finally the order on representation of the petitioner was passed on 08.09.2023. Therefore, it is a clear case of contempt. Instead of initiating contempt proceedings, it would suffice to impose cost. Therefore, litigation cost is imposed on the official respondents and it is quantified at Rs. 20,000/-. Cost shall be paid to the petitioner for the reasons that he was awaiting the compliance of the order of this Court for about 2 years. Cost shall be paid to the petitioner within a period of 8 weeks from the date of receipt of order.

3. Accordingly, the present M.J.C. - contempt petition stands dropped, reserving liberty to the petitioner to file Interlocutory Application for revival of this order, in the event of non-payment of cost.

(P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U