Sidhnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3265 of 2014 IN Civil Writ Jurisdiction Case No. 17214 of 2011 =========================================================== Sidhnath Singh, Son of Ramji Singh, Resident of Village- Barheta, P.S.- parasbigha,District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar through Sri Ashok Kumar Sinha, Son of not Known to the petitioner, the Chief Secretary, Govt. of Bihar, Patna.

2. Bala Murgan D., Son of not known to the petitioner , the District Magistrate, Jehanabad, District-Jehanabad.

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

For the Petitioner/s : Mr. Shiw Kumar Prabhakar For the Respondent/s : Mr. DEVENDRA KR SINHA =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 09-10-2017 Having heard learned counsel for the parties, it is seen that this application has been filed for initiating action for contempt on account of the fact that an order passed on 21.02.2012 in Civil Writ Jurisdiction Case No. 17214 of 2011 has not been complied with.

Even though the matter is pending since 2014, no show cause has been filed and it is the complaint of the petitioner that the representation of the petitioner which was filed on 05.03.2009 and thereafter on 28.05.2012 after passing of the order in the writ petition

Patna High Court MJC No.3265 of 2014 dt.09-10-2017 2/2 has not been decided and considered by the District Magistrate, Jehanabad.

Keeping in view the aforesaid facts of the case, for the present, without initiating any action for contempt, it is directed that in case the representation of the petitioner with regard to the issue in question has not been decided and the same is pending before the District Magistrate, Jehanabad, the District Magistrate shall take a decision on the same, in accordance to the direction issued on 21.02.2012 in Civil Writ Jurisdiction Case No. 17214 of 2011 within a period of 45 days from today, failing which the petitioner shall have liberty to point out this Court the default committed by the District Magistrate and this Court may consider taking action against the District Magistrate, who was posted in office as on date. With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12/10/2017 Transmission Date NA