M/S Sharda Chitra Mandir v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2059 of 2013 In Civil Writ Jurisdiction Case No. 16664 of 2010 ====================================================== M/s. Sharda Chitra Mandir having its place of business at Swami Vivekanand Road, P.S.- Adampur, District- Bhagalpur through its proprietor Virendra Kumar Singh, S/o Late Surendra Prasad Singh R/o Naya Bazar, P.S.-Tetarpur, District- Bhagalpur .... .... Petitioner
Versus
1. The State of Bihar through Ashok Kumar Sinha, the Chief Secretary Government of Bihar, Old Secretariat, Patna
2. S. Siddharth, the Secretary, Ministry of Urban Development, Govt. of Bihar, New Secretariat, Patna
3. Minhaz Alam, the Commissioner, Bhagalpur Division, Bhagalpur
4. Prem Singh Meena, the District Magistrate, Bhagalpur
5. Ravindra Kumar, the District Cinema Magistrate, Bhagalpur
6. Ravindra Kumar, the District Cinema Inspector, Bhagalpur
7. Shambhu Kumar Singh, the Assistant Commissioner, Commercial Taxes, Bhagalpur Circle, Bhagalpur
8. Prabhat Kumar Sinha, the Deputy Chief Executive Officer, Bhagalpur Municipal Corporation
9. R.N. Singh, the Electrical Executive Engineer, Bihar State Electricity Board, Mojahidpur, Bhagalpur .... .... Opp. Parties ====================================================== with Miscellaneous Jurisdiction Case No.2060 of 2013 IN Civil Writ Jurisdiction Case No. 16795 of 2010 ====================================================== M/s. Mahadev Chitra Mandir having its place of business at Dr. R.P. Road, Bhagalpur, P.S.-Kotwali, District- Bhagalpur through its proprietor Ram Pyarai Devi, W/o Late Mahadev Prasad Singh R/o R.P. Road, Bhagalpur, P.S.- Kotwali, District- Bhagalpur .... .... Petitioner
Versus
1. The State of Bihar through Ashok Kumar Sinha, the Chief Secretary Government of Bihar, Old Secretariat, Patna
2. S. Siddharth, the Secretary Ministry of Urban Development, Govt. of Bihar, New Secretariat, Patna
3. Minhaz Alam, the Commissioner, Bhagalpur Division, Bhagalpur
4. Prem Singh Meena, the District Magistrate, Bhagalpur
5. Ravindra Kumar, the District Cinema Magistrate, Bhagalpur
6. Ravindra Kumar, the District Cinema Inspector, Bhagalpur
7. Shambhu Kumar Singh, the Assistant Commissioner Commercial Taxes, Bhagalpur Circle, Bhagalpur
8. Prabhat Kumar Sinha, the Deputy Chief Executive Officer Bhagalpur
Patna High Court MJC No.2059 of 2013 (2) dt.24-12-2014 Municipal Corporation
9. R.N. Singh, the Electrical Executive Engineer Bihar State Electricity Board, Mojahidpur, Bhagalpur .... .... Opp. Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 24-12-2014 Heard learned counsel for the petitioners in both the cases and learned counsel for the State.
Both the contempt applications have been filed for violation of the common order dated 28.1.2013 passed in two separate writ petitions.
In the show cause filed on behalf of opposite party Nos. 5 and 6, the District Magistrate, Bhagalpur and the District Cinema Magistrate, Bhagalpur it is stated that pursuant to the directions of this Court in the order under contempt dated 28.1.2013 the seals of both the cinema halls were removed and the halls handed over to the petitioners. Learned counsel for the petitioners admits the aforesaid position.
Opposite party No.4, the Commissioner, Bhagalpur Division has also filed show causes in which it is stated that the direction was to the petitioners to file detailed representations before him regarding the valuation of the goods which had been stolen but since the petitioners have not filed any representation till date, hence the question of his passing an order thereupon
Patna High Court MJC No.2059 of 2013 (2) dt.24-12-2014 regarding valuation did not arise. Learned counsel for the petitioners admits that no such detailed representation has been filed by the petitioners.
In the aforesaid view of the matter, no case is made out for proceeding under the contempt jurisdiction of this Court. Both the contempt applications are, accordingly, dismissed.
(Ramesh Kumar Datta, J) spal/- U