This court disposed of a Miscellaneous Jurisdiction Case filed for contempt due to the respondents' over a year and eleven months of delay in complying with a previous order regarding the submission of a representation.
Costs of Rs. 25,000 imposed on respondents to be remitted to the High Court Legal Services Authority.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.827 of 2022 In
Civil Writ Jurisdiction Case No.9157 of 2021
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Ramashray Chaudhary Son of Late Bhagwan Chaudahry Resident of House No-442, Saras Vihar Colony (Adarsh Vihar), Road no-2, Trimurti Nagar, P.S. Danapur, District-Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shilpi Keshri For the Opposite Party/s : Mr. Uday Shankar Sharan Singh (Gp19) For the O.P. No. 4 : Mr. Sunil Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and
HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
04 20-06-2023
Pursuant to our earlier order Mr. Arunish
Chawla, Additional Chief Secretary, Urban Development
Department, Government of Bihar, Patna is present in the court.
The present MJC- contempt is filed for non-
compliance of the order dated 20th of July 2021, passed
in C.W.J.C. No. 9157 of 2021. Direction of this Court is
Patna High Court MJC No.827 of 2022(04) dt.20-06-2023 2/3
to submit representation to the concerned authority. The petitioner had submitted representation on 29.07.2021 and it is to be complied within a period of three months.
However, three months have lapsed in the month of October, 2021, whereas the order is stated to have been complied on 15.06.2023, with the delay in complying for more than one year eleven months. Further, it is to be noted that if the concerned respondents have any administrative difficulty in implementation of the order of this Court, they had every right to approach this Court in filing MJC and seeking extension of time for compliance of the order of this Court. Such steps have not been taken by the official respondents. On the other hand, they slept over the file for one year eleven months.
In view of these facts and circumstances, the
concerned respondents are liable to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand). The cost shall be remitted in the High Court Legal Services Authority within a period of four weeks from today. The
Patna High Court MJC No.827 of 2022(04) dt.20-06-2023 3/3
petitioner is at liberty to assail the order dated 15.06.2023, if he is not satisfied with reference to the representation dated 29.07.2021 in filing a separate writ petition.
With the above observation, the present petition stands disposed of.
In so far as compliance of cost part is concerned, re-list this matter on 18.07.2023.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
ashishkr/-
U
1 issue framed by the court
Whether the respondents are liable to pay costs for delayed compliance of the Court's order.
Ramashray Chaudhary
Anand Kishor
Chandra Shekhar Singh
Prakash Yadav
Sushil Kumar
Vikram Veerkan
P. B. Bajanthri
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
