Disposed

Tulsi Mahto v. The State Of Bihar and Ors.

Patna HC8 Jan 2014MJC/546/2013

Case brief

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What is this about?

In a contempt application regarding willful disobedience of a writ order, the Patna High Court disposed of the matter directing the Sub-Divisional Officer to pass an appropriate order after affording the petitioner a due opportunity of hearing, noting that a license had been released but a new show-cause notice was issued.

What did the court decide?

Direction to the Sub-Divisional Officer to pass an appropriate order after giving the petitioner a due opportunity of hearing pursuant to the show-cause notice.

Tulsi Mahto Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.546 of 2013 In

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Civil Writ Jurisdiction Case No. 13648 of 2010

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====================================================== Tulsi Mahto, Pita- Sw. Narayan Mahto, Jan. Vi. Pra. Vikreta, GramNandanpura, Panchayat- Purvi Saren, Thana+Prakhand- Makhdumpur, ZilaJehanabad.

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.... .... Petitioner. Versus

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Bihar Rajya 2. Zila Samahartta, Jehanabad Sri Bala Murugan D. 3. Anumandal Padadhikari, Jehanabad Sri Ram Niranjan Singh 4. Zila Aapurti Padadhikari,Jehanabad Sri Subodh Chaudhary 5. Prakhand Aapurti Padadhikari, Jehanabad Sri Ravinder Singh .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Indradeo Prasad For the Respondent/s : Mr. Shyam Kishor Sharma Ga3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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6 08-01-2014 The instant contempt application has been filed for willful disobedience of order dated 07.08.2012 passed in C.W.J.C. No. 13648 of 2010. The said writ application was filed against the order dated 21.7.2010 passed by the Sub-Divisional Officer, Jehanabad cancelling his license.

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The grievance of the petitioner is that he was not provided appropriate hearing in appeal or before order cancelling the license. In such circumstances, this Court cancelled the order of Sub-Divisional Officer with liberty to proceed afresh after providing due opportunity of hearing to the petitioner.

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Counsel for the petitioner submits that again without

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Patna High Court MJC No.546 of 2013 (6) dt.08-01-2014

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giving appropriate hearing, the Sub-Divisional Officer, Jehanabad reiterated his earlier order cancelling his license.

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The petitioner being aggrieved filed an appeal. The Appellate Authority set aside the order of the Sub-Divisional Officer on the ground that the order of this Court was not fully complied with.

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A show-cause has been filed on behalf of opposite party no.5. It appears that on the recommendation of District Level Selection Committee, the license of the petitioner has been released on 14.11.2013. Copy of the same is contained in Annexure-A to the counter affidavit.

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The petitioner submits that the opposite parties have again issued show-cause notice and he has apprehension that again he may not be heard before passing of final order.

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This contempt application is disposed of with a direction to opposite party, Sub-Divisional Officer, Jehanabad to pass appropriate order after giving due opportunity of hearing to the petitioner pursuant to the show cause notice.

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(Samarendra Pratap Singh, J)

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Uday/-

Tulsi Mahto v. The State Of Bihar and Ors.

Case brief

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Tulsi Mahto v. The State Of Bihar and Ors.

Case brief

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