Lal Babu Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2833 of 2015 In Civil Writ Jurisdiction Case No. 2657 of 2004 ====================================================== Lal Babu Singh Son of Late Sheoji Singh, At present resident of Birla Colony, Near Sheo Mandir, P.O and P.S. Phulwarisharif, District Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Vivek Kumar Singh, The Secretary, Department of Environment and Forest, Govt of Bihar, Patna

3. Sri Manoj Kumar Singh, The Conservator of Forests, Muzaffarpur Circle, Muzaffarpur.

4. Sri S. Sudhakar, The Divisional Forest Officer, Forest Division, Saran, Chapra

5. Sri Ashwini Kumar, The Forest Range Officer, Hajipur, Vaishali .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Kishore Singh, Adv. For the Respondent/s : Miss Shilpa Singh, GA-XII Ram Vinay Prasad Singh, AC to GA-XII ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-09-2018 I.A. No. 7070 of 2018 I.A. No. 7070 of 2018 has been filed seeking recall of a part of the order dated 06.08.2018 passed by this Court whereby while fixing a time framed for the opposite parties to comply with the order of the Court, it was observed that in case of there failure to produce the cheque they will be liable to deposit a sum of Rs. 1,00,000/- with the Patna High Court Legal Aid Committee. On the last date itself two Divisional Forest Officers were present and had undertaken to hand over these cheques of the

Patna High Court MJC No.2833 of 2015 (6) dt.12-09-2018 given amount with interest at the bank rate as per order of the learned writ court.

Learned counsel for the petitioner admits that he has received the cheque towards the refund of principal amount and interest thereon. The total amount Rs. 1,04,435/- has paid by way of bank draft.

In the aforesaid view of the matter, considering that the order of this Court has been complied with, this Court deems it just and proper not to burden the opposite parties with a cost amount of Rs. 1,00,000/-. The said part of the order dated 05.09.2018 by which it was observed that the opposite party shall be liable to deposit Rs. 1,00,000/- with the Patna High Court Legal Aid Committee is hereby recalled.

I.A. No. 7070 of 2018 is allowed.

The contempt application is disposed off in the aforesaid conditions.

(Rajeev Ranjan Prasad, J) Ved/- U