IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.484 of 2011
Sikandar Prasad Singh
Versus
The State Of Bihar & Anr
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09/ 11.07.2011 This petition has been filed for initiating a proceeding
of contempt against the Executive Engineer, Koshi Canal Division-I,
Rajnagar, Madhubani for deliberately and intentionally violating the
order of this Court dated 20.09.2010, passed in C.W.J.C. No. 10033
of 2006, by which direction was given to him to immediately give
effect to Award dated 07.12.2005, passed in Reference Case No. 04
of 1998.
2. It transpires that about ten months have passed since
then, but the said order has not been complied by Ram Swaroop
Ram (opposite party no.3), who has been functioning as Executive
Engineer, Koshi Canal Division-I, Raj Nagar, Madhubani since
before the said order dated 20.09.2010.
3. On the earlier occasion the said contemnor-opposite
party no.3 had appeared on 06.07.2011 and his learned counsel has
stated that by the said order dated 20.09.2010 the said writ petition
was dismissed for non-prosecution and in that circumstance,
direction was given to the Executive Engineer to implement the
Award, but now C.W.J.C. No. 10033 of 2006 has been restored
vide order dated 06.07.2011 passed in M.J.C. No. 285 of 2011.
4. This claim was absolutely frivolous and baseless as
there were two parts of the said order dated 20.09.2010. By the first
part the said writ petition was dismissed for default and by the
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second part, specific directions were given to opposite party no.3,
who was duty bound to comply the same.
5. From order dated 06.07.2011 passed in M.J.C. No.
285 of 2011, it is quite apparent that only the writ petition was
restored. Hence, the second part of the said order, namely, the
direction to opposite party no.3 was not interfered with and
moreover the said order of this Court had to be complied much
earlier.
6. Today when this case is called out, neither
contemnor-opposite party no.3 nor his counsel is present in Court. It
transpires that they are knowingly and deliberately intending to
delay the matter on one pretext or the other. Hence the
Superintendent of Police, Madhubani is directed to arrest
contemnor-opposite party no.3 Ram Swaroop Ram, Executive
Engineer, Koshi Canal Division-I, Raj Nagar, Madhubani and
produce him in Court on 18.07.2011 at 02.15p.m.
7. Let this case be listed under the heading
`Admission’ retaining its position on 18.07.2011 to be taken up at
02.15P.M.
8. Office is directed to immediately send a copy of this
order to the Superintendent of Police, Madhubani, for positive
compliance.
MPS/ ( S. N. Hussain, J. )