Laddu Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.878 of 2020 ====================================================== Laddu Lal Yadav son of Sri Basudev Yadav, resident of village- Satna Patti, Bahtunia @ SAtan Patti, P.s.- Ratanpura, District- Supoul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Rural Works Department, Government of Bihar, at Patna.

2.

The District Magistrate, Supoul.

3.

The Sub-Divisional Officer, Birpur, Supoul.

4.

The Block Development Officer, Basantpur, Supoul. 5.

The Circle Officer, Basantpur, Supoul.

6.

The Circle Inspector, Basantpur, Supoul.

7.

The Officer-in-Charge, Ratanpura, Supoul.

8.

The Revenue Employee (Rajashwa Karamchari) Circle Officer, Basantpur, Supoul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Diwakar Upadhyaya, Advocate For the Respondents :

Mr. Ajay, GA5 Mr. Krishna Chandra, AC to GA 5 Mr. Rakesh Kr. Ranjan, AC to GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-08-2022 Heard the parties.

It seems that the petitioner has suppressed the material facts in this case. He has to file interlocutory application challenging the order dated 12.12.2018 passed by the Sub-Divisional Magistrate, Birpur in Case No.50 of 2003 which, as per his submission, was never communicated to him. Learned counsel for the State takes to this Court to various paragraphs of the counter affidavit which show that the petitioner was well aware of the proceeding and he has appeared

Patna High Court CWJC No.878 of 2020(5) dt.10-08-2022 2/2 in the proceeding under Section 147 of the Code of Criminal Procedure and disappeared and then again notice was issued to him. So he cannot claim that he has no knowledge about the proceeding. By suppressing material facts and making false submission, he had obtained interim order dated 12.07.2022 from this Court. This action of the petitioner cannot be tolerated. Under the circumstances, this Court imposes cost of Rs.25,000/- (Rupees twenty five thousand) upon the petitioner for suppressing the facts before this Court. The cost shall be deposited by the petitioner before the District Legal Services Authority, Supaul and receipt showing deposit of cost shall be filed by him before the Sub-Divisional Magistrate, Birpur. If the cost is not deposited by the petitioner within four weeks from today, the Sub-Divisional Magistrate, Birpur will inform this Court about the same.

Since the final order has been passed under Section 147 of the Cr.P.C, the petitioner is given liberty to challenge the same in accordance with law in appropriate forum. With the aforesaid observation and direction, this writ petition is disposed of.

(Sandeep Kumar, J) BT/- U