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
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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
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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/