Wakil Yadav vs Mr. Nandan Kumar
2024 Latest Caselaw 624 Patna

Patna High Court

Wakil Yadav vs Mr. Nandan Kumar on 24 January, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              Miscellaneous Jurisdiction Case No.1860 of 2022
                                      In
                Civil Writ Jurisdiction Case No.16541 of 2021
======================================================
Wakil Yadav S/o Late Kantir Yadav, Resident of Village- Kanakpur, P.S.-
Sakri, District- Madhubani.

                                                           ... ... Petitioner/s
                                  Versus

Mr. Nandan Kumar the present and the then Circle Officer, Pandaul, District-
Madhubani.

                                       ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s     :    Mr. S. K. Thakur, Advocate
For the Opposite Party/s :    Mr. Rishi Raj Sinha, SC 19
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
        and
        HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
                    ORAL JUDGMENT

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

Date : 24-01-2024

The present MJC / contempt application is filed for non-

compliance of the order of this Court dated 20.09.2021 passed in

CWJC No. 16541 of 2021.

2. This Court has directed petitioner to submit a

representation within a period of four weeks. Accordingly, the

petitioner had submitted representation on 11.10.2021 in respect of

illegal encroachment. Such representation was required to be

decided within a period of four weeks from the date of receipt of

petitioner's representation. In other words, the concerned authority Patna High Court MJC No.1860 of 2022 dt.24-01-2024

was required to comply the order of this Court read with

petitioner's representation on or before 10.02.2022.

3. For non-compliance of the order of this Court,

petitioner has presented this MJC / contempt application. During

pendency of the MJC / contempt application, petitioner entered

into compromise with the illegal encroachers on 01.08.2022.

4. Having regard to the dates and events, it is a clear

case of blackmailing illegal encroachers and entering into

compromise. It is to be noticed that CWJC No. 16541 of 2021 is a

Public Interest Litigation. The petitioner resorted to arm twisting

the illegal encroachers to the extent of filing Public Interest

Litigation, contempt of Court petition and then entering into

compromise for extraneous reasons. Therefore, it is fit case for

imposition of exemplary cost on the petitioner and it is quantified

at Rs. 25,000/- (Rupees Twenty Five Thousand). Cost shall be

remitted in the Patna High Court Legal Services Committee within

a period of two months from today.

5. If the petitioner fails to pay the cost, in that event, the

concerned District Magistrate is hereby directed to recover through

revenue proceedings within a period of six months from the date

of non-compliance of this order.

Patna High Court MJC No.1860 of 2022 dt.24-01-2024

6. Accordingly, the present MJC / contempt application

stands disposed with an observation to the concerned authorities to

remove the illegal encroachments physically within two months

from today.

7. Relist this matter after three months to verify whether

petitioner has complied the order of this Court or not and officials

physically removed illegal encroachments or not?

(P. B. Bajanthri, J)

(Ramesh Chand Malviya, J) GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          25.01.2024
Transmission Date       NA