Disposed

Vikash Chandra Guddu Baba v. The State Of Bihar and Ors.

Patna HC21 Jun 2013MJC/6472/2012

Case brief

AI extract

What is this about?

Petitioner filed a contempt petition for non-compliance with a Division Bench order dated 03.03.2010 directing State authorities to consider Goshala committee recommendations within four months. Court found no amendment has been made despite delay and granted four months to comply with the Bihar Goshala Act, 1950.

What did the court decide?

Four months time granted to the opposite parties to take necessary steps in accordance with the Bihar Goshala Act, 1950.

Vikash Chandra Guddu Baba Vs The State Of… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.6472 of 2012

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Vikash Chandra Guddu Baba S/O Late Ramashray Prasad Singh R/O Mahatma Gandhi Path, Kurji Balupar, P.S. Digha, District - Patna

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.... .... Petitioner Versus 1. The State Of Bihar through Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna 2. Sri Ashok Kumar Sinha, I.A.S., the Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna 3. Sri Shashi Sekhar Sharma, I.A.S., Principal Secretary, Animal Husbandry and Fisheries, Government Of Bihar, Patna 4. Sri Rajesh Kumar, Director, Animal Husbandry Directorate, Bihar, Patna 5. Sri Ghanshyam Modi, Goshala Vikas Padadhikari-cum-Registrar Goshala, Bihar, Patna

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.... .... Opposite Parties

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

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For the Petitioner : Mr. Prabhat Kumar Singh, Advocate For the Opposite Parties : Mr. Harendra Pd. Singh, G.A. 8

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

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4 21-06-2013 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

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This petition has been filed for initiating a proceeding of contempt against the opposite parties for their wilful disobedience and non-compliance of the order of a Division Bench of this Court dated 03.03.2010 passed in C.W.J.C. No. 8428 of 2009 after arriving at the following finding :-

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“Perused the report. Regard being had to the recommendations made by the committee and keeping in view the condition in which the Goshalas exist and

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Patna High Court MJC No.6472 of 2012 (4) dt.21-06-2013

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the problems faced, we command the authorities of the State to consider the recommendations of the committee within a period of four months from the date of receipt of the order passed today. It is worth noting that the committee was constituted by the State Government on 24^th April, 2007 as it had realized that the Goshalas did require proper protection and maintenance.”

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A show cause has been filed on behalf of the

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opposite parties stating that in compliance of the said order the opposite parties considered the matter in view of the report of the committee dated 24.04.2007 and found that there was necessity of amendment in the original Bihar Goshala Act, 1950 and, thereafter, procedure was initiated from 2010 itself for getting the aforesaid Act amended. Hence, it is submitted that there is no question of any non-compliance or disobedience of the said order of this Court.

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Considering the averments made by learned counsel for the parties and the materials on record, it is quite apparent that the Committee was constituted on 24.04.2007 and thereafter the abovementioned order was passed by a Bench of this Court on 03.03.2010, but although more than three years have lapsed, there is no whisper about any such amendment in the Bihar Goshala Act, 1950. In the said circumstances, the said claim of the

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Patna High Court MJC No.6472 of 2012 (4) dt.21-06-2013

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opposite parties appears to be a mere ploy to delay the matter and circumvent the effect of the order of this Court dated 03.03.2010 mentioned above.

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In the said circumstances, specially in view of the clear order of this Court dated 03.03.2010, four months’ time from today is granted to the opposite parties to take necessary steps in accordance with the said Act, namely, Bihar Goshala Act, 1950.

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With the aforesaid direction/observation, this M.J.C. petition is disposed of.

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(S.N. Hussain, J)

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MPS/-

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(Ahsanuddin Amanullah, J)

Vikash Chandra Guddu Baba v. The State Of Bihar and Ors.

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Vikash Chandra Guddu Baba v. The State Of Bihar and Ors.

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