Ramlakshan Singh And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5059 of 2013 In Civil Writ Jurisdiction Case No. 15078 of 2012 ======================================================
1. Ramlakshan Singh S/O Late Ramnandan Singh Resident Of Village Harpurkala, Police Station Mejarganj, District Sitamarhi, At Present Resident Of Banu Chhapar, Police Sttion Bettiah Mufassil, District Bettiah, West Champaran.
2. Ramanand Prasad S/O Jang Bahadur Prasad Resident Of Village Laptahi, Post Gurwalia, Police Station Manua Pul, District Bettiah, West Champaran.
.... .... Petitioner/s
Versus
1. The State Of Bihar Mr. K.P. Ramaiya, The Commissioner, Tirhut Division, Muzaffarpur.
2. Mr. Shridhar C., The District Magistrate, Bettiah, West Champaran. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5570 of 2013 IN Civil Writ Jurisdiction Case No. 9420 of 2012 ====================================================== Chandan Kumar Jha Son Of Sh. Nateshwar Jha Resident Of VillageBarwat Pasaraen, Bettah, P.S.- Bettiah Muffasil, District- West Champaran .... .... Petitioner/s
Versus
1. The State Of Bihar Through Mr. K.P. Ramaiya, The Commissioner, Tirhut Division, Muzaffarpur
2. Mr. Abhay Kumar Singh, The District Magistrate, Bettiah, West Champaran .... .... Respondent/s ====================================================== Appearance :
(In MJC No.5059 of 2013) For the Petitioner/s : Mr. Manoj Kumar For the Resp. No.1 : Mr. Chitranjan Sinha, Sr. Adv. Mr. Brisketu Sharan Pandey, Adv.
For the Resp. No.2 : Mr. Ajay (In MJC No.5570 of 2013) For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Mr. Pawan Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 22-04-2015 Having regard to the fact that in compliance of the
Patna High Court MJC No.5059 of 2013 (5) dt.22-04-2015 order of this Court dated 24.2.2015, the Commissioner, Tirhut Division, Muzaffarpur has passed a reasoned order on 30.3.2015 granting relaxation of age to the petitioners for consideration of their appointment by the Collector of the West Champaran district, these two contempt applications so far it relates to compliance of the direction by the Commissioner has become infructuous. Nonetheless, the second part of the direction in the same order contained in paragraph no.15 is yet to be complied by the Collector of West Champaran district.
This Court, however, keeping in view that the Collector cannot be said to be in contempt as of now because the order itself has been passed by the Commissioner on 30.3.2015 and he has 60 days time to comply the order of this Court, no case of contempt can be made out against Collector of West Champaran district for the present.
That being so, both the contempt applications are disposed of but it is made clear to the Collector of West Champaran district that he still has to consider the case of the petitioners as per the direction of this Court in the paragraph no.15 of the judgment within a period of sixty days which has already commenced on 30th of March, 2015.
With the aforementioned observation and direction,
Patna High Court MJC No.5059 of 2013 (5) dt.22-04-2015 both the applications are disposed of.
The personal appearance of both Mr. K.P. Ramaiah, the then Divisional Commissioner and Mr. Atul Prasad, present Commissioner, Tirhut Division is hereby dispensed with with a hope and belief that in future they will not give similar discomfort to this Court as has been recorded in the earlier order of this Court passed on 24.02.2015.
(Mihir Kumar Jha, J) Rishi/- U