← Library
Patna High CourtMJC/4718/2013disposed

Mahesh Prasad Singh And ORS. v. The State Of Bihar And ORS

2018-10-01Mr. Justice Rajeev Ranjan Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4718 of 2013 In Civil Writ Jurisdiction Case No. 14834 of 2012 ===================================================

1. Mahesh Prasad Singh son of Late Ram Lagan Singh resident of Mohalla - Underkila, P.S. - Hajipur Sadar, District - Vaishal

2. Md. Rashid Alam son of Md. Alauddin resident of village - Rajasan, P.S. - Vidupur, District Vaishali Ram Baboo Singh Chauhan son of late Bhim Singh resident of village and P.O. - Babba Kurai, P.S. - Hajipur Sadar, District - Vaishali

4. Prem Kumar Singh son of Late Jayamangal Singh resident of village - Chechar Pashchim , P.S. - Vidupur, district Vaishali

5. Mira Devi D/O late Vaidyanath Thakur R/O Mohalla - Patwatoli, P.S. - Lalgunj, District - Vaishali

6. Raghunath Choudhary s/o late Kanhai Choudhary r/o Village - Navada Khurd, P.S. - Ganga Bridge, District - Vaishali

7. Lagandeo Pandit s/o late Vasudeo Pandit r/o Village - Nawada Khurd, P.S. - Ganga Bridge, District - Vaishali

8. Mohammad Yakub son of late Abdul Hakim resident of village - Fatehabad, P.S. - Hajipur Sadar, District - Vaishali

9. Mohammad Ajaharuddin son of Mohammad Tufail Ahmad resident of village - Fatehabad, P.S. - Hajipur Sadar, district - Vaishali

10. Vinod Kumar Singh son of Vishnudeo Singh resident of village - Khilwat, P.S. - Bidupur, District - Vaishali

11. Smt. Nitu Sinha wife of Bhogendra Narain Karn resident of Mohalla - Pokhar, Police Station - Hajipur Town, district - Vaishali .... .... Petitioners

Versus

1. The State of Bihar, through the Chief Secretary, Bihar,

Patna

2. Sri Ashok Kumar Sinha, Chief Secretary, Bihar, Patna

3. Sri P.K.

rameyaa, Commissioner, Tirhut Division, Muzaffarpur.

4. Shri Jitentdra Shrivastava, Collector -Cum-District Officer, Vaishali at Hajipur

5. Shri Ramesh Mishra , Additional Collector, Vaishali At Hajipur.

6. Shri Abhiram Trivedi , Establishment Deputy Collector, Vaishali at Hajipur.

.... .... Respondents =================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Khurshid Alam, A.A.G.12 =================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

30. 01-10-2018 Fifteenth supplementary show cause dated 26.9.2018 has been brought on record on behalf of Opposite Party No. 2, 3, 4 & 5.

Mr.

Khurshid Alam, learned A.A.G.12 representing contemnors submits that in paragraph-11 of the show cause a specific statement has been made that pursuant to the last order dated 11.09.2018 passed by this court the District Selection Committee has prepared the list of candidates in terms of 2010 Rules without amendment and Rule 2010 has been taken for consideration which is in consonance with provisions made in advertisement published earlier in February 2010.

Mr. Alam, learned A.A.G.12 has drawn the attention of this court towards Annexure-C to the show cause. It is however submitted that for the purpose of reference the previous panel which was prepared earlier taking note of the amendment which took place on 12.12.2012 has also been enclosed as Annexure-D.

Learned counsel for the petitioner submits that even though now a fresh panel has been prepared as contained in Annexure-C in terms of an advertisement and taking note of the eligibility qualification prescribed in the Rule framed in the 2010 he has an apprehension that the contemnors may again sit over the matter and shall not do the further needful towards appointment.

At this stage, Mr. Alam, learned A.A.G.12 has assured this court that the authorities concerned shall not sit over the matter and shall proceed with the panel prepared lastly, as contained in AnnexureC, within a period of three months. In the aforesaid view of the matter, in the opinion of this court this contempt application is fit to be disposed off by reminding authorities concerned that they will now proceed with the matter

on basis of Annexure-C and shall not unnecessarily delay the follow up act so that the ultimate fruit of the empanelment may pass on to the beneficiaries.

This application stands disposed off.

(Rajeev Ranjan Prasad, J) Rajeev/- U