Disposed

M/s Amir Timber, a Proprietorship Firm Through Its Proprietor Md. Shahid Hussain v. The State Of Bihar and Ors.

Patna HC17 Apr 2019MJC/1981/2018

Case brief

AI extract

What is this about?

Contempt petition disposed of as violation of a previous order was non-deliberate. Opposite party offered unqualified apology for delay in communicating the order before seizure of saw-mill materials, materials were subsequently released.

What did the court decide?

Petitioner is directed to release the seized materials.

What the court decided

M/s Amir Timber, a Proprietorship Firm… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1981 of 2018 In

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Civil Writ Jurisdiction Case No.3765 of 2018

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M/s Amir Timber, Bedauli Chowk, Sanahpur, P.S. Singhwara, District Darbhanga, a proprietorship firm through its proprietor Md. Shahid Hussain son of Late Zahid Hussain, resident of village Malmal, Kaluahi, District Madhubani

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... ... Petitioner

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Versus

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The State Of Bihar.

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Sri Tripurari Saran, the Principal Secretary, Environment & Forest Department, Government of Bihar, Patna

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Sri D.K. Shukla, the Principal Chief Conservator of Forest, Bihar, Patna. 4. Sri Manoj Kumar Singh, Prescribed Officer-cum-Conservator of Forest, Muzaffarpur Circle, Muzaffarpur.

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Sri Ram Kumar Jha, the Licensing Officer-cum-Divisional Forest Officer, Mithila Forest Division, Darbhanga.

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... ... Opposite Parties

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Appearance : For the Petitioner : None For the Opposite Parties : Mr. Sarvesh Kumar Singh, AAG 13 Mr. Tej Pratap Singh, AC to AAG 13

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

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Date : 17-04-2019

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The present petition has been filed for initiating a contempt proceeding against the opposite parties for willful disobedience of the order of this Court dated 07.05.2018 passed in CWJC No. 3765 of 2018.

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A show cause has been filed on behalf of the opposite party no. 5 offering unqualified apology and submitting that the order of this Court dated 07.05.2018 could not be communicated within time to the concerned officials. It is stated that the aforesaid order of this Court was received in the office of the opposite party no. 5 on 12.05.2018

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Patna High Court MJC No.1981 of 2018 dt.17-04-2019 2/2

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along with the representation of the petitioner but could not be communicated to the concerned Range Officer of Forests and the Forester before the seizure of the saw-mill of the petitioner was effected on 14.06.2018. As soon as the matter came to the knowledge of the opposite party no. 5, a direction for release of the seized materials to the petitioner was issued by letter no. 1132 dated 02.08.2018. Accordingly, the seized materials have been released and received by the petitioner on 03.08.2018.

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Despite repeated calls, none appears on behalf of the petitioner when the matter is called.

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Having regard to the stand of the opposite parties, this Court is satisfied that violation of the order of this Court and disobedience thereof was not deliberate.

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The contempt petition accordingly stands disposed of.

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(Vikash Jain, J)

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BT/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	21.04.2019.
Transmission Date	N.A.

M/s Amir Timber, a Proprietorship Firm Through Its Proprietor Md. Shahid Hussain v. The State Of Bihar and Ors.

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M/s Amir Timber, a Proprietorship Firm Through Its Proprietor Md. Shahid Hussain v. The State Of Bihar and Ors.

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