Shyam Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1448 of 2016 ====================================================== Shyam Yadav, son of Sri Chulhai Yadav, resident of village Barsam, Tole Phulwaria, P.S. Andhra Tharhi, District Madhubani, owner of Vishwakarma Saw Mills, Andhratharhi, District Madhubani .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Manoj Kumar Singh (C.P.) son of not known to the petitioner, posted and working as the Conservator of Forests, Extension Circle, Muzaffarpur

3. Sri Ram Kumar Jha, (D.F.O) son of not known to the petitioner, posted and working as the Divisional Forest Officer, Mithila Forest Extension Division, Darbhanga

4. Sri Anjani Kumar Sinha, son of not known to the petitioner, posted and working as the Range of Forest, Jhanjharpur, District Darbhanga

5. Sri Giriwar Dayal Singh, son of not known to the petitioner, posted and working as the District Magistrate, Madhubani .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Adv. For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 15-03-2017 Heard learned counsel for the parties.

Although a complaint has been made by the petitioner as against the opposite parties for violating the order of this Court in C.W.J.C.No. 4614/2010 but when taken up, Mr. Dhurjati Kumar Prasad, GP-14, submits that the contempt application is not worthy of being entertained, inasmuch as it has been luxuriously filed after a lapse of five years since passing of the order by this Court and with nothing on record to demonstrate whether any representation was filed by the petitioner before the authority concerned. He further submits that in so far as the issue raised in

Patna High Court MJC No.1448 of 2016 (4) dt.15-03-2017 the present contempt application is concerned, there is again nothing on record to show that the department while considering the case of Saw Mills for grant of licence has ignored the claim of the petitioner.

Having heard the learned counsel for the parties and considering the circumstances existing, no case for indulgence is made out. The contempt application is disposed of. (Jyoti Saran, J) Surendra/- U