Md. Imamuddin v. The State Of Bihar Through Shri R. K. Mahajan, Principal Secretary, Department Of Education, Govt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3437 of 2016 In Civil Writ Jurisdiction Case No.4750 of 2015 ====================================================== Md. Imamuddin, son of Md. Mahmood @ Mohi, resident of Therbitta East Punarvas, Block- Kishanpur, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through Shri R. K. Mahajan, Principal Secretary, Department of Education, Govt. of Bihar at Patna 2.

Shri Md. Khurshid, the Secretary, Bihar State Madarsa Education Board, Patna.

3.

Shri Baidnath Yadav, The District Magistrate, Supaul. 4.

Shri Md. Zahid Hussain, The District Education Officer, Supaul. 5.

Shri Dhananjay Kumar, The Rehabilitation Officer, Kosi Programme, Supaul.

6.

Shri Gopal Krishnan, The Block Development Officer, Block- Kishanpur, Supaul.

7.

Shri Ram Chandra Yadav, The Block Education Officer, Block- Kishanpur, Supaul.

8.

Md. Imran, Son of Md. Kazim Quasmi, Secretary, Madarsa Hashmia Parsahi No. 714, Kosi Colony, (Therbitta West Punarwas), P.S.- Kishanpur, Supaul. 9.

Shri Md. Imran, The Secretary, Madarsa Hashmia Parsahi No. 714, Kosi Colony, (Therbitta West Punarwa) P.S.- Kishanpur, Supaul. 10.

Shri Goraknath, The Director (Land Acquisition and Rehabilitation), Govt. of Bihar.

11.

Md. Sarajul Haq, Son of Late Md. Sadique, 12.

Md. Anwarul Haque, Son of Md. Abid, 13.

Md. Ayub, Son of Late Nathuni, All residents of Therbitta East Punarvas, Block Kishanpur, District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :

Mr. Anjani Kumar, AAG-4 For Madarsa Board : Md. A. Ansari, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

Patna High Court MJC No.3437 of 2016(5) dt.09-12-2019 2/3 09-12-2019 This application is being filed for initiation of contempt proceeding against opposite parties 1st set/ respondents for willful and deliberate non-compliance / violation of the directions contained in judgment dated 11.05.2016 passed in C.W.J.C. No. 4750 of 2015 (Md. Serajul Haq and others Vs. State of Bihar and others) From the supplementary show-cause dated 09.12.2019 filed by opposite party no.1 handed over in Court, it is seen that the State has now taken appropriate action. Para nos. 6 and 7 of the said show-cause reads as under: "6. That it is humbly stated that in compliance of the order of this Hon'ble Court the Rehabilitation Officer, Koshi, Planning, Supaul vide his letter No. 457 dated 26.07.2018 addressed to District Education Officer, Supaul, apprised that in order to rehabilitate Madarsa Hasmiya No. 714, the land has been allotted at the brink of Govt. pond at Therbitta East for which No Objection Certificate has been issued vide letter No. 457 dated 26.07.2018.

7. That it would be relevant to state here that since the building of the said Madarsa is to be constructed at the newly allotted plot in Therbitta East for which the answering opposite party vide his letter No. 1379 dated 06.12.2019 has requested the Additional Chief Secretary, Minority Welfare Department, Govt. of Bihar, who is competent authority to take immediate steps for getting the building constructed."

Patna High Court MJC No.3437 of 2016(5) dt.09-12-2019 3/3 It is seen that now the land stands allotted for construction of Madarsa in Therbitta East. We only hope and expect that the authority shall conclude the process expeditiously in terms of the undertakings given in the supplementary show-cause.

The contempt petition stands disposed of.

(Sanjay Karol, J) ( Anil Kumar Upadhyay, J) uday/- U