Patna High Court - Orders
Prabhat Kumar Sinha vs The State Of Bihar & Ors on 10 September, 2014
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11886 of 2014
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Prabhat Kumar Sinha
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, Gp-22
Mr. Sushil Kumar Singh AC to GP-22
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
4 10-09-2014In compliance of the order dated 1.9.2014 passed by this Court, Shri Lallan Jee, the District Magistrate, Nawada (respondent No. 6), Shri Lok Prakash, B.D.O., Rajauli (respondent No.7) and Shri Umesh Prasad Singh, B.D.O., Kutumba, District Aurangabad (respondent No.8) are in appearance in person before this Court with their respective show causes.
Prima facie, this Court is satisfied that the order dated 22.7.2014 passed by this Court has been violated by the aforesaid Officers, though they have tried to explain and furnish the cause in their respective show cause for non-compliance of the aforesaid order within the time framed.
During the course of hearing of the case, in response to a query made by this Court, the District Magistrate, Nawad pleaded his ignorance about the Bihar State Litigation Policy, 2 Patna High Court CWJC No.11886 of 2014 (4) dt.10-09-2014 2/3 2011. This is really surprising and shocking. In fact, as per the aforesaid Litigation Policy the District Magistrate is required to be the head of the District Level Empowered Committee.
The present is not the solitary matter in which counter affidavit has not been filed on behalf of the respondents within the time prescribed by this Court. There are many other similar matters in which counter affidavits have not been filed on behalf of the respondents, which have delayed the disposal of the proceedings before this Court. Certainly actions of the State authorities in not filing the counter affidavits within a reasonable period of time are contrary to the objectives of Bihar State Litigation Policy, 2011.
In response to an another query made by this Court, the District Magistrate, Nawada has stated that he is not aware as to how many writ petitions concerning Nawada District are pending before this Court, and out of which in how many matters counter affidavits have already been filed and how many matters are still there in which counter affidavits are yet to be filed, though admittedly a Legal Section under his control at the District Level is functional.
Before any final order is passed in the present proceeding, this Court is inclined to give one more opportunity to the District Magistrate, Nawada and other functionaries to show their bona fide and genuineness about the statements made on their behalf that the orders and directions issued by this Court are promptly implemented and carried out by them. Now, the District Magistrate, Nawada shall find out, by verifying the records that there are how many writ petitions concerning Nawada District pending in the High Court and out of which in how many matters 3 Patna High Court CWJC No.11886 of 2014 (4) dt.10-09-2014 3/3 counter affidavits have already been filed and in remaining matters within what time counter affidavits are likely to be filed. He shall furnish all these facts by filing his additional show cause on the next date fixed.
On the request of the District Magistrate, Nawada and other Officers present before this Court, this matter is adjourned and is ordered to be listed on 26.9.2014 under the same heading, retaining its position, when all of them shall appear in person once again with their additional show cause.
(Birendra Prasad Verma, J) Kanth/-
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