Jharkhand High Court
Sociedade De Fomento Industrial Pvt. ... vs State Of Jharkhand And Others ... ... ... ... on 3 November, 2022
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 562 of 2022
Sociedade De Fomento Industrial Pvt. Ltd. and anr... Petitioners
Versus
State of Jharkhand and others ... ... ... ... Opposite Parties
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioners: Mr. Salona Mittal, Advocate For the Opp. Parties: Mr. P.A.S. Pati, G.A.-II
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Oral Order 06/Dated: 03.11.2022 The Secretary, Department of Mines and Geology, Government of Jharkhand has appeared in person and filed an affidavit and in paragraph 13 thereof it has been stated that SLP would be filed within a week as the process, etc is complete, therefore, contempt matter is requested to be adjourned.
We make it clear at the cost of reiteration that certain orders were passed while allowing the writ petition and paragraphs 17, 18 and 21 of the order were quoted in the order dated 21.09.2022. The reason for quoting the said excerpts from the order under contempt was that without moving to the Hon'ble Supreme Court and without getting any stay, actions were being taken by the State authorities contrary to what was held by this Court in the aforesaid order by issuing fresh NIT. Then this Court became concerned as the action was prima facie contumacious in nature which resulted in directing the authorities to file show-cause as to why contempt proceedings should not be initiated against the concerned authorities. Thereafter, it was informed by the Director, Geology that the said order was cancelled. However, when it came to the knowledge of this Court that the same was not actually cancelled rather it was postponed then again it was informed that the same has been recalled. 2.
However, when it was urged that SLP is going to be filed, we did not proceed further in this matter for initiation of contempt proceedings but when even after lapse of one month's time SLP was not filed, we were compelled to direct the Secretary concerned to appear before us and asked him as to why neither SLP has been filed nor has Court's order been complied. The Secretary has appeared and filed affidavit stating that everything has been prepared and the SLP shall be filed within one week as stated in paragraph 13 of the said affidavit.
In above view of the matter, we are keeping this matter after two weeks for either compliance of the order under contempt or for bringing stay order from the Hon'ble Supreme Court.
The personal appearance of the Secretary, Department of Mines and Geology, Government of Jharkhand, is dispensed with for the present.
Put up this matter on 21.11.2022.
(Dr. Ravi Ranjan, C.J.) (Sujit Narayan Prasad, J.) Manoj/VK