Muralee Dhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2855 of 2023 In Civil Writ Jurisdiction Case No.20908 of 2021 ====================================================== Muralee Dhar Singh Son of Late Ram Vilash Singh, Resident of VillageAnkodha, Post Office-Pilchhi, Police Station-Daudnagar, DistrictAurangabad, BIHAR. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, namely Amir Subhani, Government of Bihar, Patna.

2.

The District Magistrate namely Suharsa Bhagat Aurangabad, Patna. 3.

The Additional District Magistrate, namely Shri Anant Baburao Gavhane, Aurangabad.

4.

The District Sub Registrar namely Shri Ravi Ranjan, Aurangabad. 5.

The Sub-Divisional Officer, namely Shri Rameshwar Rodge, Aurangabad. 6.

The Deputy Collector Land Reforms, name not known, Aurangabad. 7.

The Circle Officer, Daudnagar, Aurangabad namely Snehlata Devi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratik Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 25-07-2024 The present M.J.C. is filed for non compliance of order dated 10.01.2022 passed in C.W.J.C. No. 20908 of 2021.

2. Directions are in two folds, namely, petitioner was required to furnish representation within a period of four weeks from 10.01.2022. Petitioner had submitted representation on 31.01.2022. The other direction was that the concerned

Patna High Court MJC No.2855 of 2023 dt.25-07-2024 2/3 authority was required to pass reasoned order within a period of four months from the date of filing representation alongwith copy of the order. Four months have lapsed on 01.05.2022. There is no application to extend time limit stipulated. After lapse of time limit stipulated, there is no application to review order dated 10.01.2022 passed in C.W.J.C. No. 20908 of 2021. Invariably, the state authorities are sleeping over the matter without there being action. If they have any administrative difficulty in implementation of orders of this Court, they cannot disregard. On the other hand, they have a number of remedies. None of the remedies has been availed. Therefore, the concerned officials have committed Contempt of Court. Instead of initiating Contempt of Court proceedings, having regard to the fact that orders of this Court is stated to have been complied on 09.03.2024 which was not satisfied by the petitioner.

3. Learned counsel for the petitioner submitted that whatever the compliance is in terms of number of material information. Those material information has not been provided to the petitioner alongwith compliance order.

4. The concerned authority is hereby directed to provide such of those documents which were to be demanded by the petitioner in the form of representation and it is to be filed within a period of four weeks from today. If such demand is made

Patna High Court MJC No.2855 of 2023 dt.25-07-2024 3/3 by the petitioner, the concerned authority shall furnish the same within a period of two months from the date of receipt petitioner's demand, failing which the concerned respondents are liable to pay cost of Rs. 25,000/- to the petitioner.

5. Having regard to the fact that there is inordinate delay in compliance to order of this Court to the extent that the official respondents were required to comply the orders of this Court as on 01.05.2022. On the other hand, compliance order has been passed on 09.03.2024. Therefore, the respondents are liable to pay litigation cost and it is quantified at Rs. 10,000/-. Cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of this order.

6. Accordingly, the present M.J.C. No. 2855 of 2023 stands dropped, reserving liberty to the petitioner to assail the so called compliance order dated 09.03.2024 in accordance with law.

(P. B. Bajanthri, J) (Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.07.2024.

Transmission Date N/A