Patna High CourtMJC/6504/2013disposed

Uma Nand Sharma v. The Union Of India And ORS

2017-04-26The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6504 of 2013 =========================================================== Uma Nand Sharma, S/o Late Deomuneshwar Mahto @ Deomuni Sharma, R/o Paithan Patti, P.O. V.S. Mills, P.S. Tawe, District- Gopalganj .... .... Petitioner/s

Versus

1. The Union of India

2. The Commissioner Cum Secretary, namely I.S. Ehalal, Ministry of Home Affairs/Grih Mantralaya (FFR/Division) C.Z. Section, 1st Floor, Lok Nayak Bhawan, Khan Market, New Delhi- 110003

3. The State of Bihar through Commissioner Cum Secretary namely Amir Subhani, Department of Home (Special), Govt. of Bihar, Patna

4. The District Magistrate, namely Krishna Mohan, Gopalganj

5. B.K. Goyal, The Under Secretary, Ministry of Home Affairs, Govt. of India .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Verma, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 26-04-2017 Keeping in view the fact that petitioner only represented to the department and did not file any document to show that as to who was the person under imprisonment, and various other particulars related to the person, it is not appropriate to initiate action for contempt. The petitioner was directed to demonstrate certain things before the Union of India and merely by filing a representation (Annexure-2), the petitioner has claimed the benefit without filing sufficient documentary or other evidence in support of the representation.

That being so, for the present, in the given set of

Patna High Court MJC No.6504 of 2013 dt.26-04-2017 2/2 circumstances, it is not appropriate to initiate action for contempt. In case the petitioner submits relevant documents and evidence in support of his claim and thereafter submits a representation, the competent authority of the Union of India shall consider the claim of the petitioner and take a decision within a period of three months of its presentation.

With the aforesaid, the Contempt Petition stands disposed of.

(Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.04.2017 Transmission Date