Patna High CourtMJC/2333/2015disposed

Md. Azad And ORS v. The State Of Bihar And ORS

2016-03-30Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2333 of 2015 In Civil Writ Jurisdiction Case No. 1316 of 2015 ======================================================

1. Md. Azad, Son of Md. Abdul Moin resident of village - Khatadi, Police Station - Ara, District - Bhojpur at Ara.

2. Zohara Khatoon, wife of Md. Javed, resident of village- Bhaluhipur, Police Station- Ara, District - Bhojpur.

3. Md. Shahabudin, son of Late Md. Islam, resident of villageBhaluhipur, Police Station- Ara, District - Bhojpur.

4. Md. Javed, son of Md. Muslim, resident of village- Bhaluhipur, Police Station- Ara, District - Bhojpur.

5. Shama Khatoon, wife of Aftab Alam, resident of village - Bhaluhipur, Police Station - Ara, District - Bhojpur.

6. Md. Aftab Alam, son of Md. Muslim, resident of village- Bhaluhipur, Police Station- Ara, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Urban Development and Housing Department, Bihar, Patna, namely S. Sidarth.

2. The Joint Secretary, Urban Development and Housing Department, Bihar, Patna namely, S. Sidarth.

3. The Ara Municipal Corporation, Ara through the Municipal Commissioner, Ara Municipal Corporation, Ara namely Umesh Kumar.

4. The Municipal Commissioner, Ara Municipal Corporation, Ara, namely Umesh Kumar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataul Haque For the Opp. Party/s : Mr. Devendra Kr Sinha, AAG-2 For the Opp. Party-Corporation: Mr. Bishwa Bibhuti Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 30-03-2016 Heard Mr. Md. Ataul Haque, learned counsel appearing for the petitioners, learned counsel for the State and Mr. Bishwa Bibhuti Kumar Singh, learned counsel appearing for the Municipal Corporation, Ara.

This contempt application has been filed alleging non-compliance of the judgment and order passed by this Court in CWJC No.1316 of 2015 which was disposed of with a

Patna High Court MJC No.2333 of 2015 (7) dt.30-03-2016 direction to the Municipal Commissioner, Ara Municipal Corporation to consider the grievance of the petitioners regarding non-allotment of their shop for which they have made deposit as back as in 2010 and to dispose of the same within six weeks from the date of receipt/production of a copy of the said order. The order was passed on 18.5.2015.

A supplementary show cause has been filed enclosing an order dated 11.3.2016 bearing Memo no.489 of the Municipal Commissioner, Ara Municipal Corporation whereby the claim of the petitioners for allotment has been disposed of with reference to some advisory issued by the Department of Urban Development and Housing and the petitioners have been accordingly asked to take refund of their deposits. Although the order has been passed with some delay but considering the explanation advanced, I am not persuaded to continue with the contempt proceeding which is accordingly disposed of preserving liberty for the petitioners, if so advised, to question the order passed by the Municipal Commissioner, Ara Municipal Corporation by filing an appropriate application before an appropriate forum.

(Jyoti Saran, J) SKPathak/- U