Kameshwar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Kameshwar Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Present MJC / contempt application stands dropped (no contempt proceedings initiated); litigation cost of Rs. 10,000/- (Rupees Ten Thousand) awarded to the petitioner, payable within eight weeks from the date of receipt of the order; liberty reserved to the petitioner to question the compliance order dated 23.02.2024.

Issue for consideration

Whether the respondents' failure to comply with the order dated 27.07.2021 passed in CWJC No. 11946 of 2021 within the stipulated time (on or before 18.12.2021) warranted initiation of contempt proceedings. +1 more

Court's answer

Given the respondents' lapses - failure to invoke an interlocutory application for extension of time before expiry of the stipulated period, sleeping over the matter until various orders were passed in the contempt application, and further delay of more than one year even after the contempt petition was filed in 2022 - it is a fit case for initiation of contempt proceedings.

Ratio / Principle

Since the respondents have already complied with the Court's order, litigation cost is awarded and quantified at Rs. 10,000/- (Rupees Ten Thousand), payable to the petitioner within eight weeks from the date of receipt of the order.

Key takeaways

The present MJC / contempt application stands dropped, with liberty reserved to the petitioner to question the compliance order dated 23.02.2024.ratio¶27

Detailed headnote1 paragraphs

Contempt (Miscellaneous Jurisdiction Case No.561 of 2022, Patna High Court, decided 28-02-2024; bench: P. B. Bajanthri and Alok Kumar Pandey) arising from delayed compliance with the Court's order dated 27.07.2021 in Civil Writ Jurisdiction Case No.11946 of 2021. The petitioner was to file a representation within four weeks (filed 19.08.2021) and the concerned respondent authority was required to pass a reasoned and speaking order within three months, i.e., on or before 18.12.2021; the order was in fact passed only on 23.02.2024 - a delay of more than two years. The respondents neither invoked an interlocutory application seeking extension of time nor acted promptly even after the contempt petition was filed in 2022. Holding the lapses to merit initiation of contempt proceedings, but noting that compliance had meanwhile been effected, the Court declined to initiate contempt proceedings, dropped the MJC, awarded litigation cost of Rs. 10,000/- (Rupees Ten Thousand) to the petitioner payable within eight weeks, and reserved the petitioner's liberty to question the compliance order dated 23.02.2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.561 of 2022

In

Civil Writ Jurisdiction Case No.11946 of 2021

======================================================

Kameshwar Singh, Son of Ram Badan Singh Resident of Village-Takiya, P.O.-Takiya Bazar, District-Rohtas (Bihar)

... ... Petitioner/s

Versus

The State of Bihar through Sri Amir Subhani, the Chief Secreary, Government of Bihar, Patna, Bihar.

Sri Dharmendra Kumar, the District Magistrate, District Rohtas (Bihar).

Sri Manoj Kumar, the Sub Divisional Officer, Sub Division, Sasaram, District Rohtas (Bihar).

Smt. Roji Rani, the Block development Officer, Block, Sasaram, District Rohtas (Bihar).

Sri Rakesh Kumar, the Circle Officer, Circle Sasaram, District Rohtas (Bihar).

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Ful Man Singh, Advocate For the Opposite Party/s : Md. Khurshid Alam, AAG 12

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4 28-02-2024 The present MJC / contempt application is filed for

non-compliance of the order dated 27.07.2021 passed in CWJC No. 11946 of 2021. The petitioner was asked to submit a representation within a period of four weeks from 27.07.2021. He had submitted representation on 19.08.2021. Thereafter, the concerned respondent was required to pass a reasoned and speaking order after hearing the petitioner within three months

Patna High Court MJC No.561 of 2022(4) dt.28-02-2024 2/3

whereas such order has been passed on 23.02.2024. In other words, the concerned authority was required to pass order on or before 18.12.2021. There is delay of more than two years.

2. The respondents have remedy of filing interlocutory application seeking extension of time to the order dated 27.07.2021, before expiry of the stipulated time and the same has not been invoked. In other words, the concerned respondent proceeded to sleep over the matter till various orders have been passed by this Court in the present contempt application. It is also to be noted that contempt petition was filed in the year 2022. Even after filing of contempt, respondents have taken their own time of more than one year. Taking note of these lapses on the part of the official respondents, it is a fit case for initiation of contempt proceedings.

3. Be that as it may, since respondents have already complied the order of this Court, therefore, we propose to award litigation cost and it is quantified at Rs. 10,000/- (Rupees Ten Thousand). Cost shall be paid to the petitioner within a period of eight weeks from the date of receipt of this order.

4. Accordingly, present MJC / contempt application stands dropped reserving liberty to the petitioner to question the

Patna High Court MJC No.561 of 2022(4) dt.28-02-2024 3/3

compliance order dated 23.02.2024.

(P. B. Bajanthri, J)

(Alok Kumar Pandey, J)

GAURAV S./- U