Patna High Court
Prabhu Nath Singh vs The State Of Bihar on 4 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4562 of 2019
In
Letters Patent Appeal No.1355 of 2014
======================================================
Prabhu Nath Singh, aged about 55 years, Male son of Late Rameshwar Singh,
residing at B/ 503, Officers Hostel, Bailey Road, Police Station Shastrinagar,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Dr. Deepak Prasad, I.A.S. the Principal
Secretary, Cabinet Secretariat (Civil Aviation) Old Secretariat, Police Station
Sachivalaya, District Patna.
2. S. Siddhartha, I.A.S. Finance Commissioner, Finance Department, Old
Secretariat, PS Sachivalaya, District- Patna.
3. Mithilesh Kumar, Additional Secretary, Director (Incharge), Civil Aviation
Cabinet Secretariat, Patna Airport, Government Hanger, Patna.
4. Dr. Mahendra Pal, Deputy Secretary, Civil Aviation, Cabinet Secretariat,
Bihar, Patna.
5. Rajiv Rathor, Administrative Officer, Civil Aviation Directorate, Bihar,
Patna.
6. Arun Kumar I.A.S. Director General of Civil Aviation, New Delhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajni Kant Jha, Advocate
For the Opposite Party/s : Mr. Gyan Prakash Ojha, GA 7
For the UOI : Mr. Kumar Priya Ranjan, CGC
Ms. Nirmala Singh, Advocate
Mr. Girish Nandan Abhishek, Advocate
Mr. Sandeep Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 04-01-2024
The matter was heard at length on 14.12.2023 and the
following order was passed.
"The present MJC is filed for non-
compliance of the order dated 12.03.2019
passed in L.P.A. No. 1355 of 2014 arising out of
C.W.J.C. No. 18767 of 2012.
Patna High Court MJC No.4562 of 2019 dt.04-01-2024
2/3
2. Perusal of para-12 both State as
well as DGCA were required to comply the
directions of this Court. The State respondents
were stated to have deposited a sum of Rs.
2,00,000/- (Rs. Two Lakh) on 24.06.2019 with
DGCA. Thereafter, they were unable to make
further compliance in respect of certain
formalities relating to application and other
things and it has to be rooted through certain
portal.
3. Learned counsel for the State-
Respondent, on instruction, submitted that
portal cannot be operated in the absence of
certain license and its details. In that event, the
concerned officers should have communicated
to the DGCA about administrative difficulties.
In this regard, no material has been placed on
record. Therefore, Principal Secretary, Cabinet
Secretary (Civil Aviation), Patna is hereby
directed to appear with relevant records on the
next date of hearing and to face the Contempt
of Court proceedings under Rule 7(i) read with
Form 1 of Chapter XXVIII of Rules of the High
Court at Patna framed under the Contempt of
Courts Act, 1971 (Act 70 of 1971).
4. Relist this matter on 04.01.2024."
2. Today, supplementary show cause on behalf of
opposite party nos. 1 to 5 along with documents at Annexures-A to
D have been placed on record. In view of the Annexure-A dated
Patna High Court MJC No.4562 of 2019 dt.04-01-2024
3/3
02.01.2024
orders of this Court passed in Letters Patent Appeal
No. 1355 of 2014 decided on 12.03.2019 has been complied after
lapse of about two years and few months. It is to be noted that
there is no application for extension of time to comply the orders
of this Court passed in Letters Patent Appeal. Therefore, prima
facie the concerned respondent has committed contempt.
3. Having regard to the fact that orders of this Court has
been complied on 02.01.2024, it is not appropriate to initiate
contempt proceedings. It is suffice to impose cost on the ground of
delay in complying the order of this Court. Cost has been
quantified @ Rs. 10,000/-. The same shall be paid to the petitioner
within a period of eight weeks from the date of receipt of this
order.
4. Accordingly, the present MJC Contempt petition
stands dropped.
(P. B. Bajanthri, J)
(Ramesh Chand Malviya, J)
Anand Kr.
AFR/NAFR
CAV DATE
Uploading Date 08.01.2024
Transmission Date
