Patna High Court
Neeraj Kumar vs The State Of Bihar on 15 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1429 of 2022
In
Civil Writ Jurisdiction Case No.19102 of 2018
======================================================
Neeraj Kumar, aged about 42 years, Gener-Male, Son of Yugal Kishore
Pandey Resident of House No. A/14, Road No. 14, Rajeev Nagar, P.S. Rajeev
Nagar, Patna, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna having office in Old
Secretariat, Patna namely Mr. Amir Subhani, Son of not known to the
petitioner.
3. The Principal Secretary, Urban Development, Government of Bihar, Patna
having office near Rajbanshi Nagar, Patna namely Mr. Manoj Kumar Singh,
son of not known to the petitioner.
4. The Chairman-cum-Managing Director, Bihar State Power Holding
Company Limited (BSPHCL), having office in Vidyut Bhawan, Jawaharlal
Nehru Marg, Patna namely Mr. Sanjeev Hans Son of not known to the
petitioner.
5. The Commissioner-cum-Secretary Road Construction Department,
Government of Bihar, Patna having office in Vishweshwaraiya Bhawan,
Jawaharlal Nehru Marg, Patna namely Mr. Sandeep Kumar Pudakalkatti,
Son of not known to the petitioner.
6. The Engineer-in-Chief, New Capital Road Division, Road Construction
Department, Government of Bihar, Patna having office in Vishweshwaraiya
Bhawan, Jawaharlal Nehru Marg, Patna namely Hanuman Prasad
Choudhary Son of not known to the petitioner.
7. The Chief Engineer, New Capital Road Division, Road Construction
Department, Government of Bihar, Patna having office in Vishweshwaraiya
Bhawan, Jawaharlal Nehru Marg, Patna namely Dinesh Kumar Mishra Son
of not known to the Petitioner.
8. The District Magistrate, Patna, Mr. Chandra Shekhar Singh having office in
Patna Collectorate near Gandhi Maidan, Patna son of not known to the
petitioner.
9. The Municipal Commissioner, Patna Municipal Corporation, Patna namely,
Mr. Animesh Kumar Parashar, having office in Mourya Lok Complex, Patna
Son of not known to the petitioner.
10. The Superintending Engineer, New Capital Road Division, Road
Construction Department, Government of Bihar, Patna having office in
Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna namely Ajay
Kumar Singh, Son of not known to the petitioner.
11. The Executive Engineer, New Capital Road Division, Road Construction
Department, Government of Bihar, Patna having office in Vishweshwaraiya
Bhawan, Jawaharlal Nehru Marg, Patna namelyer Shailesh Mishra, Son of
Patna High Court MJC No.1429 of 2022 dt.15-12-2023
2/4
not known to the petitioner.
12. The Executive Officer, Patna Municipal Corporation, Patna having office
near Boring Road, Near Sri Krishna Puri Park, Patna namely Mrs. Pratibha
Sinha, Wife of not known to the petitioner.
13. The Circle Officer, Patna Sadar, District- Patna having office near East
Gandhi Maidan Road, Patna namely Mr. Praveen Kumar Pandey, Son of not
known to the petitioner.
14. The Senior Superintendent of Police, Patna having office near Gandhi
Maidan, Patna namely Mr. Manavjit Singh Dhillon, Son of not known to the
Petitioner.
15. The Superintendent of Police, Traffic, Patna, having office near Gandhi
Maidan, Patna namely Mr. Anil Kumar, Son of not known to the Petitioner.
16. The District Transport Officer, having office at DTO Office, Bank Road,
West Gandhi Maidan, Chajju Bagh, Patna namely Mr. Ajay Kumar Thakur,
Son of not known to the petitioner.
17. The Station House Officer, P.S.- Rajeev Nagar, Patna having office in
Ashiana- Digha Road, Patna namely Mr. Neeraj Kumar Son of not known to
the Petitioner.
... ... Opposite Party/s
======================================================
Appearance :
For the State : Mr. P. K. Shahi, learned Advocate General.
Mr. Y. P. Sinha, AAG - 7.
Mr. Shankar Kumar, AC to AAG 7.
For the Petitioner/s : Mr.Ravindra Kumar Singh, Advocate
For the PMC : Mr. Prasoon Sinha, Advocate
Mr. Amarnath Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 15-12-2023
The present MJC has been filed for non-compliance
of the order dated 06.01.2020 passed in CWJC No.19102 of
2018. Directions are in two fold, namely, this Court had directed
the petitioner to submit fresh representation within a period of
four weeks from 06.01.2020. Petitioner is stated to have
Patna High Court MJC No.1429 of 2022 dt.15-12-2023
furnished representation on 18.02.2020. The second direction is
to the concerned respondents to consider the grievance of the
petitioner within a period of three months from the date of
receipt of petitioner's representation.
2. For non-compliance of the orders of this Court,
petitioner has presented this MJC. During the pendency of the
MJC, the respondents have opened their eyes in the year 2022
and 2023 and various orders have been passed by different
departments, having regard to the multiple reliefs sought by the
petitioner in his representation.
3. Compliance orders are stated to have been issued
on 24.09.2022 to 16.11.2023 by various departments. The
concerned respondents should have complied the orders of this
Court on or before 17.05.2020. If they have any administrative
difficulty in implementation of the orders of this Court read with
petitioner's representation, in that event, they had remedy of
approaching this Court in the very same petition in seeking
extension of time, filing of civil review petition or invoking
remedy before the Apex Court. None of the remedies had been
invoked by the official respondents, on the other hand respective
respondents slept over the matter, therefore, they have
committed contempt of Court. Instead of taking contempt of
Patna High Court MJC No.1429 of 2022 dt.15-12-2023
court action, while framing charges and proceed with the matter,
it is appropriate to impose fine for the reasons that there is a
compliance of orders of this Court read with the petitioner's
representation belatedly by years together. Therefore, we are of
the view that fine of Rs.20,000/-would suffice in respect of
delay in compliance. Cost of Rs.20,000/- shall be paid by the
State respondents to the petitioner within a period of eight
weeks from today. Reserving liberty to the petitioner to assail
such of those orders which are not in accordance with the
petitioner's grievance in his representation or if he has fresh
cause of action in respect of any of the issue, he is at liberty to
invoke appropriate remedy and in accordance with law.
4. Accordingly, MJC stands dropped.
(P. B. Bajanthri, J)
( Purnendu Singh, J)
Sanjay/-
Mantreshwar
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.12.2023
Transmission Date NA
