Tapeshwar Prasad Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15017 of 2012 =========================================================== Tapeshwar Prasad Mishra Son of Late Ganesh Prasad Mishra Resident of Village Hussainabad Sanghat Muhalla and Post- Japla District Palaumu Jharkhand. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Department of Urban Development Government of Bihar, New Secretariat, Patna.

2. The Zila Parishad Aurangabad through its Chief Executive Officer, Aurangabad.

3. The Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Aurangabad, Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Advocate.

For the State :

Mr. Santosh Kumar Jha, G.P. 3.

For the Zila Parishad :

Mr. Nikesh Kumar, Advocate.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-12-2015 Heard learned counsel for the parties.

Despite a categorical direction to the petitioner as well as respondents no. 2 and 3 to file detailed calculation chart relating to Annexure-8 of the writ application and two weeks having been granted for the same, the order has not been complied.

Learned counsel for the petitioner submits that he is unable to get in touch with the petitioner. Learned counsel for the respondents no. 2 and 3 submit that he has received a calculation sheet yesterday.

In view of the fact that the order of the Court dated 02.12.2015 has not been complied with and the learned counsel for the petitioner has not been able to get in touch with the

Patna High Court CWJC No.15017 of 2012 dt.17-12-2015 2/2 petitioner, the Court does not find the necessity to keep the matter pending in cases where the petitioner does not show any interest to cooperate with the Court as well as the counsel. Accordingly, the writ petition stands disposed off. The Court was of the opinion that strict order should be passed against the respondents no. 2 and 3 of non compliance of the order but refrains from doing so at the request made by learned counsel for the respondents.

However, for the respondents no. 2 and 3 not having complied with the order dated 02.12.2015, a cost of Rs. 500/- shall be deposited by them with the Patna High Court Legal Services Committee within one week from today and receipt filed in the Registry. If such receipt is not filed within one week, the office shall place the matter before the Bench for necessary orders. (Ahsanuddin Amanullah, J.) P. Kumar U T