Disposed

Awadhesh Kumar Tatarway v. The State Of Bihar and Ors.

Patna HC13 May 2013MJC/387/2013

Case brief

AI extract

What is this about?

In this writ petition challenging non-compliance of a withdrawn order, the High Court held that the authority duly complied by passing an order in favor of the petitioner. The court directed the petitioner to move the appropriate authority regarding non-implementation of that order instead of initiating contempt.

What did the court decide?

The petition was disposed of with observations that the petitioner must move the appropriate authority regarding non-compliance.

Awadhesh Kumar Tatarway Vs The State Of Bihar and Ors. — Contempt of Court | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.387 of 2013 In

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Civil Writ Jurisdiction Case No. 5639 of 2009

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====================================================== Awadhesh Kumar Tatarway, S/o Late Harischandra Prasad, R/o Mohalla Makasd Purva, S.D.O. Road, Police Station – Hajipur, Distt. Vasishali.

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.... .... Petitioner

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Versus

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The State of Bihar

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Sri Dr. S. Siddharth, the Secretary, Urban Development Department, Bihar, Patna.

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Shri Jitendra Shrivastva, the District Magistrate, Hajipur, Vaishali.

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Shri Chandrashekhar Singh, Sub-Divisional Magistrate, Hajipur, Vaishali.

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Shri A.K. Bishwas, the Disttt. Manager, F.C.I., Hajipur, Vaishali.

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Shri Prithviraj Shrivastva, the Chief Executive Officer, Hajipur Municipality, Hajipur,Vaishali.

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.... .... Opposite parties

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====================================================== Appearance :

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For the Petitioner : Mr. Manish Chandra Gandhi, Advocate. For the F.C.I. : Mr. Prabhakar Tekriwal, Advocate. For the State : Mr. Sourendra Pandey, A.C. to S.C.-23.

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CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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3 13-05-2013 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

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This petition has been filed by the petitioner for initiating a proceeding of contempt for alleged non-compliance of order of a Bench of this Court dated 15.03.2010 by which C.W.J.C. No.5639 of 2009 was disposed of as withdrawn with the following observations:-

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“Needless to say, the learned Magistrate shall perform its statutory duty as per the statutes

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Patna High Court MJC No.387 of 2013 (3) dt.13-05-2013

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contemplated under Section 133 of the Code of Criminal Procedure in quite promptitude.”

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It is not in dispute that in compliance of the said

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order of this Court, the authority passed its order dated 23.03.2011. However, the grievance of the petitioner is that the said order passed by the authority concerned is not given effect to.

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From the facts and circumstances it is quite apparent that the said order of this Court has been duly complied by the authority concerned, which had passed order in favour of the petitioner. So far non-compliance of order of the authority is concerned, the petitioner must move before the appropriate authority.

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With the aforesaid observations, this petition is disposed of.

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(S.N. Hussain, J)

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(Ahsanuddin Amanullah, J)

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Harish/-

Awadhesh Kumar Tatarway v. The State Of Bihar and Ors.

Case brief

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Awadhesh Kumar Tatarway v. The State Of Bihar and Ors.

Case brief

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