Supreme Court - Daily Orders
Vikash Chandra Guddu Baba vs State Of Bihar on 24 November, 2014
Bench: Kurian Joseph, Prafulla C. Pant
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10506 OF 2014
(Arising out of SLP (C) No. 32062 of 2014)
(Arising out of CC No(s). 18750/2014)
VIKASH CHANDRA GUDDU BABA Appellant(s)
VERSUS
STATE OF BIHAR AND ORS Respondent(s)
O R D E R
Delay condoned.
Leave granted.
We do no think it is necessary to issue notice to the other side since there is an apparent error committed by the High Court.
The appellant approached the High Court with the following prayer:
"It is therefore, prayed that Your Lordships may be pleased to admit this application, start a proceeding of contempt against contemnor/opposite parties for wilful and deliberate disobedience/violation of the order passed this Hon'ble Court on 21.06.2013 in M.J.C. No. 6472 of 2012 and 03.03.2010 in C.W.J.C. No. 8428 of 2009 and punish the contemnors according to direction of this Hon'ble Court."
That prayer was made in view of the time granted by Signature Not Verified Digitally signed by Usha Rani Bhardwaj Date: 2014.11.27 13:41:00 IST the High Court on 21.06.2013 to comply with the Order dated Reason: 03.03.2010 and the operative portion of the said Order reads 2 as follows:
"In the said circumstances, specially in view of the clear order of this Court dated 03.03.2010, four months' time from today is granted to opposite parties to take necessary steps in accordance with the said Act, namely, Bihar Goshala Act, 1950."
However, unfortunately the High Court has taken note only of the Order Dated 03.03.2010.
In these circumstances, we set aside the impugned order and remit the matter to the High Court to consider the Contempt application in the light also of the Order dated 21.06.2013.
The Appeal is allowed as above. No costs.
...................J (KURIAN JOSEPH) ........................J (PRAFULLA C. PANT) NEW DELHI NOVEMBER 24, 2014 3 ITEM NO.24 COURT NO.13 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 18750/2014 (Arising out of impugned final judgment and order dated 17/06/2014 in MJC No. 590/2014 passed by the High Court Of Patna) VIKASH CHANDRA GUDDU BABA Petitioner(s) VERSUS STATE OF BIHAR AND ORS Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP) Date : 24/11/2014 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Subhro Sanyal,Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
Appeal is allowed in terms of the signed order.
(NEELAM GULATI) (SAROJ SAINI)
COURT MASTER COURT MASTER
(Signed order is placed on the file)