M/S Amir Timber, A Proprietorship Firm Through Its Proprietor Md. Shahid Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1981 of 2018 In Civil Writ Jurisdiction Case No.3765 of 2018 ====================================================== M/s Amir Timber, Bedauli Chowk, Sanahpur, P.S. Singhwara, District Darbhanga, a proprietorship firm through its proprietor Md. Shahid Hussain son of Late Zahid Hussain, resident of village Malmal, Kaluahi, District Madhubani ... ... Petitioner

Versus

1. The State Of Bihar.

2. Sri Tripurari Saran, the Principal Secretary, Environment & Forest Department, Government of Bihar, Patna

2. Sri D.K. Shukla, the Principal Chief Conservator of Forest, Bihar, Patna.

4. Sri Manoj Kumar Singh, Prescribed Officer-cum-Conservator of Forest, Muzaffarpur Circle, Muzaffarpur.

5. Sri Ram Kumar Jha, the Licensing Officer-cum-Divisional Forest Officer, Mithila Forest Division, Darbhanga.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

None For the Opposite Parties :

Mr. Sarvesh Kumar Singh, AAG 13 Mr. Tej Pratap Singh, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 17-04-2019 The present petition has been filed for initiating a contempt proceeding against the opposite parties for willful disobedience of the order of this Court dated 07.05.2018 passed in CWJC No. 3765 of 2018.

2. A show cause has been filed on behalf of the opposite party no. 5 offering unqualified apology and submitting that the order of this Court dated 07.05.2018 could not be communicated within time to the concerned officials. It is stated that the aforesaid order of this Court was received in the office of the opposite party no. 5 on 12.05.2018

Patna High Court MJC No.1981 of 2018 dt.17-04-2019 2/2 along with the representation of the petitioner but could not be communicated to the concerned Range Officer of Forests and the Forester before the seizure of the saw-mill of the petitioner was effected on 14.06.2018. As soon as the matter came to the knowledge of the opposite party no. 5, a direction for release of the seized materials to the petitioner was issued by letter no. 1132 dated 02.08.2018. Accordingly, the seized materials have been released and received by the petitioner on 03.08.2018.

3. Despite repeated calls, none appears on behalf of the petitioner when the matter is called.

4. Having regard to the stand of the opposite parties, this Court is satisfied that violation of the order of this Court and disobedience thereof was not deliberate.

5. The contempt petition accordingly stands disposed of. (Vikash Jain, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.04.2019.

Transmission Date N.A.