Patna High CourtMJC/2534/2012disposed

Raj Kishore Pd. v. The State Of Bihar And ORS

2015-07-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2534 of 2012 ======================================================

1. Raj Kishore Pd. S/O Late Shiv Charan Prasad Resident Of Village- Deep Nagar, P.S- Deep Nagar, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. Mr. Nishant Kumar Tiwari, The Superintendent of Police, Nalanda.

3. Mr. Md. Motaffique Ahmad, The Sub- Divisional Police Officer, Biharsharif, Nalanda.

4. Mr. Uday Shankar, The Officer In Charge, Laheri, Police StationBiharsharif, Nalanda. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Respondent/s : Mr. Devendra Kr Sinha, AAG 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2015 Heard the parties.

2. The petition has been filed alleging deliberate violation of the order of this Court dated 29.02.2012 passed in Cr. Writ No. 182 of 2012 requiring the authorities to consider the petitioner's case and taking decision at their end.

3. It is submitted that despite order dated 29.02.2012 passed in Cr. Writ No. 182 of 2012 directing the release of the 62 bags of rice weighing 29 quintals, 14 kg and odd pursuant to the order of the learned Chief Judicial Magistrate, Nalanda dated 07.12.2011 to that effect, the same has not been released.

4. A show cause has been filed on behalf of the OP No. 2

Patna High Court MJC No.2534 of 2012 (6) dt.22-07-2015 stating, inter alia, even prior to the order dated 07.12.2011 passed by the learned Chief Judicial Magistrate, Nalanda the rice in question had already been sold under the orders of the District Magistrate, Nalanda and the sale proceeds deposited in the Treasury on 17.10.2011 itself.

5. Having regard to the facts and circumstances, this Court is of the view that no contempt is made out against the opposite parties and the petition stands disposed of accordingly.

6. It is made clear the present order shall not stand in the way of the petitioner in seeking appropriate relief for redressal of his grievances before the appropriate forum in accordance with law.

(Vikash Jain, J) Chandran U