Jharkhand High Court
Mr. Saurav Arun vs Unknown on 2 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 313 of 2018
Ashok Kumar Singh & anr. Vrs. The State of Jharkhand & ors.
With
Cont. Case (Civil) No. 631 of 2018
Rakesh Ranjan & Ors. Vrs. The State of Jharkhand & ors.
With
Cont. Case (Civil) No. 665 of 2021
Prem Nath Gupta Vrs. The State of Jharkhand & ors.
With
Cont. Case (Civil) No. 670 of 2021
Sita Ram Mochi Vrs. The State of Jharkhand & ors.
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners : Mr. Saurav Arun, Advocate
For the O.P.s : Mr. Ashok Kr. Yadav, G.A.-I
Mr. Jayant Franklin Toppo, SC-VII
Mr. Amrit Raj Kisku, AC to SC-VII
---
14/02.05.2022 In Cont. Case (Civil) Nos. 313 of 2018 and 631 of 2018 this
Court was informed on the previous date 25th March 2022 that decision
to make admissible payments to the petitioners have been made, but
payments could not be made. By the additional supplementary show
cause filed on 20th April 2022 the opposite party no.4 Executive
Engineer, Rural Engineering Works Circle, Hazaribagh has sought
some more time since request for allotment has been made through
letter no.254 dated 16th April 2022 to the R.E.O. Department.
Learned counsel for the petitioners submits that the admissible
payments have still not been made.
Let opposite party no.2 or her successor in office file an affidavit
indicating whether allotments have been made for payment of
admissible amount to the petitioners in compliance of the order under
offence and in view of the requisition made by the opposite party no.4
within a period of two weeks.
Mr. Vimal Lakra, Conservator of Forest, Bokaro Circle, Bokaro;
Mr. Sourav Chandra, Divisional Forest Officer, Hazaribagh East and
Mr. Vikas Paliwal, Divisional Forest Officer, State Trading Division,
Hazaribagh West have appeared who are officials of the Forest
Department which also are covered by the common judgment under
offence passed by the Writ Court in a batch of writ petitions. No show-
cause has been filed in both the contempt petitions concerning the
Forest Department i.e. Cont. Case (Civil) Nos.665/2021 and 670/2021.
Learned G.A.-I Mr. Ashok Kr. Yadav appearing for the officials
of the Forest Department has brought to the notice of the Court an
order dated 26th April 2022 by which the learned Division Bench of this
Court has restored L.P.A. Nos. 479 of 2018, 434 of 2018, 480 of 2018
and 380 of 2018 which were dismissed for default vide order dated
06.01.2020. He submits that since the stay was operating in the LPAs
pursuant to the order dated 6th January 2020 itself, the stay order gets
revived and the opposite parties are not under obligation to comply with
the order.
Learned counsel for the petitioners Mr. Saurav Arun submits that
the order of stay was conditional till appearance of the other side. The
writ petitioners had appeared in one of the LPAs in the batch matters
being L.P.A. No.380/2018. Therefore, interim order had lost its force.
It is further submitted that the opposite parties have been taking time
for compliance of the order and now a different stand is being taken.
Learned G.A.-I seeks time to file a proper show-cause.
It appears that one of the sister Departments i.e. REO has chosen
to comply with the order and only allotment of the fund for payment of
admissible dues is awaited, as already recorded above. The other
Department appears to have been buying time instead of complying
with the order. The stand of the officials of the Forest Department for
non-complying with the order of the Writ Court dated 19th January 2018
for all along till the order of stay was granted on 6th January 2020 by
the learned Division Bench and even after dismissal of LPA till its
restoration on 26th April 2022 defies reason.
However, learned counsel for the opposite parties in Cont. Case
(Civil) Nos. 665/2021 and 670/2021 are allowed two weeks' time to file
show-cause in the matter of compliance. List these cases thereafter.
Presence of the officials of the Forest Department is dispensed with.
Learned counsel for the petitioners submits that Cont. Case
(Civil) No.171/2022 arising out of common impugned judgment passed
in W.P.(S) No.6329/2007 may also be tagged together as the order still
remains to be complied with.
Mr. Jayant Franklin Toppo, SC-VII seeks time to obtain
instructions as regards the said Cont. Case.
Let Cont. Case (Civil) No.171/2022 be also tagged along with
the instant cases.
(Aparesh Kumar Singh, J)
Shamim/
