Martin Xess vs The State Of Jharkhand & Ors
2021 Latest Caselaw 117 Jhar

      IN       THE     HIGH     COURT        OF    JHARKHAND         AT      RANCHI
                           Cont. Case (Civil) No. 749 of 2019
      Martin Xess                                            ..... ...     Petitioner
                                       Versus
      The State of Jharkhand & Ors.                         ..... ... Opposite Parties
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             CORAM        :   HON'BLE MR. JUSTICE H. C. MISHRA
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      For the Petitioner         :     Mr. Kumar Basant Narayan, Advocate.
      For the State              :     Mr. Gaurang Jajodia, A.C. S.C.-I.
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The matter was taken up through Video Conferencing. Learned counsels for the parties had no objection with it and submitted that the audio and video qualities are good.

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04/ 08.01.2021 The Writ Court, allowed the writ application, filed by the petitioner, by Judgment dated 6th July, 2018, giving certain reliefs to the petitioner. The said order has not yet been fully complied with.

A show cause has been filed on behalf of the opposite parties, in which, it is stated that against the aforesaid order, Civil Review No. 94 of 2018 was filed. The show cause itself shows that the said review petition also stood dismissed for default for non-compliance of order dated 12.4.2019, passed therein. Another application for restoration of the said revision petition was filed, which is still pending and lying with defects. The fact remains that no step has been taken by the State for compliance of the order passed by the Writ Court till date. This situation cannot be allowed to be continued.

It is also submitted by learned counsel for the State opposite parties that the opposite parties are contemplating to file L.P.A., in the matter. Even the contemplation to file appeal in the matter cannot absolve the opposite parties from the responsibility of compliance of the order, passed by the writ Court. The explanation given by the learned counsel for the opposite parties is absolutely irrelevant.

By way of last chance, the opposite parties are directed to comply the order, passed by the Writ Court within a period of two months from today, if necessary, subject to the result of the review petition or the L.P.A. to be filed by the opposite parties, failing which, serious view in the matter shall be taken by the Court.

Put up this application after two months.

Let a copy of this order be made available to the learned counsel for the State for the needful.

( H. C. Mishra, J.) Amitesh/-