Rinku Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4691 of 2013 IN Civil Writ Jurisdiction Case No. 7948 of 2012 =========================================================== Rinku Devi, Wife of Sri Chitranjan Singh, resident of Village Viswapuria, Gram Panchayat Dhodhiya (Dodiya) Dadpur, P.S.-Kharik, District-Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar, through the Collector, Bhagalpur namely Prem Singh, Meena.
2. Sabita Kumari, Wife of Sri Gopal Mandal, Zila Parishad, Bhagalpur, DistrictBhagalpur. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : None For the Respondent/s : Mr. Niraj Kumar, AC to GA-10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 17-03-2017 None appears for the petitioner. Shri Niraj Kumar appears for the respondents.
On 17.04.2013, C.W.J.C. No.7948 of 2012 was disposed of directing the Zila Parishad, Bhagalpur to consider the question of construction of house for the fisherman under Fisherman Welfare Scheme and to take a decision in three months. The matter is pending since then and it is reported that no decision was taken and, therefore, the contempt application was filed.
Today, when the matter is taken up, the petitioner and his Counsel are absent and learned counsel appearing for the respondents points out that the Zila Parishad is to take a decision and the funds
Patna High Court MJC No.4691 of 2013 dt.17-03-2017 2/2 have lapsed and, for the present, the State Government, in the absence of any response of Zila Parishad, cannot take any action. Keeping in view the totality of the circumstances, I am of the considered view that in the facts and circumstances of the case, no case of contempt is made out.
In case, the petitioner has any grievance with regard to non-construction of the house for fisherman, even now, she may approach before the appropriate authority in accordance with law that may be applicable to her. Liberty shall be available to the petitioner to seek construction of the house in accordance with law by initiating such procedure as may be permissible.
In view of aforesaid, the application stands disposed of. (Rajendra Menon, CJ) Narendra/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 22.03.2017 Transmission Date