High Court Patna High Court - Orders

Ram Bilas Mahto & Ors vs The State Of Bihar & Ors on 27 September, 2011

Patna High Court – Orders
Ram Bilas Mahto & Ors vs The State Of Bihar & Ors on 27 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   MJC No.1627 of 2011
                                   Ghanshyam Sah & Ors
                                            Versus
                                The State Of Bihar & Ors
                                              with
                                   MJC No.1628 of 2011
                                  Ram Bilas Mahto & Ors
                                            Versus
                                The State Of Bihar & Ors
                                              with
                                 C. REV. No.342 of 2011
                                The State Of Bihar & Ors
                                            Versus
                                   Ghanshyam Sah & Ors
                                          -----------

06. 27.09.2011 Counsel for the State AAG-1 states that because of

inherent contradiction in the order dated 28.01.2011 passed in

M.J.C. Nos.3565 and 3195 both of 2009 the said order is not

being complied with and for removal of such inconsistency Civil

Review Nos.342 and 345 both of 2011 has been filed, before

proceeding for contempt of the aforesaid order this Court should

consider the two review petitions. These two contempt petitions

were filed on 17.04.2011 and taken up for admission on

9.9.2011 when the matter was passed over at the request of the

State counsel and again taken up on 12.09.2011 when as per the

request of AAG-1 matter was directed to be put up on

19.09.2011. On 19.09.2011 also the matter was passed over at

the request of the State Counsel. On 21.09.2011 this Court was

informed about the filing of Civil Review Nos.342, 345 of 2011

and having learnt about the said review petitions, this Court

directed that the matter be considered on 27.09.2011 along with

civil review petitions. Contempt petition was filed on 17.04.2011
2

after serving a copy thereof on the counsel for the State. Until

the contempt petition was taken up on 9.9.2011 the Collector,

Begusarai did not choose to seek any clarification or

modification of the order dated 28.01.2011. It is only after the

contempt matter has been taken up, the Collector has chosen to

seek review of the order dated 28.01.2011, although the order

was passed in presence of the Collector, Begusarai, as such, in

my opinion, if there was any inherent contradiction in the said

order he should have taken steps for seeking clarification, no

sooner he realized that there is inherent contradiction in the said

order and not after I have taken up the contempt petitions. In the

circumstances, I direct the Collector, Begusarai to appear

tomorrow(28.09.2011) at 10.30 A.M.

Put up tomorrow(28.09.2011) at 10.30 A.M. along

with Civil Review No.345 of 2011.

( V.N. Sinha, J.)
Rajesh/