IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.8174 of 2006
BHAGMANI DEVI
Versus
THE STATE OF BIHAR & ORS
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2 10.03.2011 When the case was called out a prayer was made
on behalf of respondent State for granting time to file
counter affidavit.
Sri Ranjeet Kumar Pandey, learned A.C. to Govt.
Pleader No. 21, submits that letters were sent twice in
2006, but till date, no instruction has been received.
Accordingly, it has been prayed to adjourn the case for six
weeks, so that, he may get instruction and file counter
affidavit.
In this case, a counter affidavit has already been
filed on behalf of respondent State of Jharkhand.
Learned counsel for State of Jharkhand and
petitioner are present.
The time for filing counter affidavit is granted
with a condition that respondent will pay a cost of Rs.
1,000/- to the petitioner. The cost must be paid before
filing of the counter affidavit.
Counter affidavit is to be filed within six weeks.
The amount of cost should be recovered from the
Officer/employee responsible for delay in filing counter
affidavit.
2
The respondent no. 2, i.e. Secretary, Forest
Department, is directed to conduct an enquiry for latches
in non-filing of counter affidavit in a case which was filed
in the year 2006 after serving a copy on the State. He may
conduct an enquiry for fixing responsibility.
Let a copy of this order be handed over to learned
Govt. Pleader No. 21.
Put up after eight weeks.
(Rakesh Kumar, J.)
Praful