Babloo Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.880 of 2022 In Civil Writ Jurisdiction Case No.5803 of 2020 ====================================================== Babloo Kumar, son of Moti Yadav, Resident of Village-Balwapar, P.O.- Manjour, P.S.-Warisaliganj, District-Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mr. Yashpal Meena, the District Magistrate-cum-Collector, Nawada. 3.

Mr. Umesh Kumar Bharti, the Sub Divisional Officer, Nawada Sadar Sub Division, Nawada.

4.

Mr. Ajay Kumar Prabhakar, The In-charge District Supply Officer, Nawada. 5.

Mr. Ajit Kumar, The In-charge Block Supply Officer-cum-Supply Inspector, Warisaliganj, District-Nawada.

6.

Binod Kumar Sharma, son of Arjun Prasad Singh, Resident of VillageManjour, Panchayat and P.O.-Manjour, P.S.-Warisaliganj, District-Nawada. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Bohra, Advocate For the Opposite Party/s :

Mr. Maruth Nath Roy, AC to SC 4 :

Mr. Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 22-11-2023 The present MJC- Contempt Petition is filed for noncompliance of the order dated 23.11.2021 passed in CWJC No. 5803 of 2020. The petitioner was directed to approach the District Magistrate-cum-Collector, Nawada, in filing representation within a period of four weeks from the date of the order passed in CWJC No. 5803 of 2020. Thereafter, the concerned respondent was required to pass order within a period

Patna High Court MJC No.880 of 2022(5) dt.22-11-2023 2/2 of three months from the date of receipt of the order. While passing speaking order dated 07.10.2023, respondents have complied orders of this Court dated 23.11.2021 passed in CWJC No. 5803 of 2020. Prima facie, there is a delay of about nearly one year eight months in complying the order. There is no application for extension of time in CWJC No. 5803 of 2020 before lapse of time and so also no explanation. Therefore, the respondents are liable to pay litigation cost and it is quantified @ Rs. 5,000/-. Cost shall be paid to the petitioner within a period of eights weeks from today.

2. Accordingly, the present proceeding of MJCcontempt petition stands dropped reserving liberty to the petitioner to question the validity of the order dated 07.10.2023 in accordance with law.

(P. B. Bajanthri, J) (Ramesh Chand Malviya, J) jyoti/- U