Wakil Yadav v. Mr. Nandan Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1860 of 2022 In Civil Writ Jurisdiction Case No.16541 of 2021 ====================================================== Wakil Yadav S/o Late Kantir Yadav, Resident of Village- Kanakpur, P.S.- Sakri, District- Madhubani.
... ... Petitioner/s
Versus
Mr. Nandan Kumar the present and the then Circle Officer, Pandaul, DistrictMadhubani. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S. K. Thakur, Advocate For the Opposite Party/s :
Mr. Rishi Raj Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 24-01-2024 The present MJC / contempt application is filed for noncompliance of the order of this Court dated 20.09.2021 passed in CWJC No. 16541 of 2021.
2. This Court has directed petitioner to submit a representation within a period of four weeks. Accordingly, the petitioner had submitted representation on 11.10.2021 in respect of illegal encroachment. Such representation was required to be decided within a period of four weeks from the date of receipt of petitioner's representation. In other words, the concerned authority
Patna High Court MJC No.1860 of 2022 dt.24-01-2024 2/3 was required to comply the order of this Court read with petitioner's representation on or before 10.02.2022.
3. For non-compliance of the order of this Court, petitioner has presented this MJC / contempt application. During pendency of the MJC / contempt application, petitioner entered into compromise with the illegal encroachers on 01.08.2022.
4. Having regard to the dates and events, it is a clear case of blackmailing illegal encroachers and entering into compromise. It is to be noticed that CWJC No. 16541 of 2021 is a Public Interest Litigation. The petitioner resorted to arm twisting the illegal encroachers to the extent of filing Public Interest Litigation, contempt of Court petition and then entering into compromise for extraneous reasons. Therefore, it is fit case for imposition of exemplary cost on the petitioner and it is quantified at Rs. 25,000/- (Rupees Twenty Five Thousand). Cost shall be remitted in the Patna High Court Legal Services Committee within a period of two months from today.
5. If the petitioner fails to pay the cost, in that event, the concerned District Magistrate is hereby directed to recover through revenue proceedings within a period of six months from the date of non-compliance of this order.
Patna High Court MJC No.1860 of 2022 dt.24-01-2024 3/3
6. Accordingly, the present MJC / contempt application stands disposed with an observation to the concerned authorities to remove the illegal encroachments physically within two months from today.
7. Relist this matter after three months to verify whether petitioner has complied the order of this Court or not and officials physically removed illegal encroachments or not? (P. B. Bajanthri, J) (Ramesh Chand Malviya, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.01.2024 Transmission Date NA