IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2495 of 2008 1. VYAS CHAUDHUR, son of Late Ramagya Chaudhur, resident of Village-Kanth Chhpara, P.S.-Pipra, District-East Champaran. 2. Vijay Kumar Singh, son of Sri Raja Singh, resident of Village-Katharia, P.S.-Kalyanpur, District-East Champaran. 3. Uma Shankar Singh, son of Chandrika Singh, resident of Village-Hasuahan, P.O.-Gobindpur Bazar, P.S.-Harsidhi, District-East Champaran. .................. Petitioners Versus 1. THE STATE OF BIHAR through Sri B.P. Sharma, the Commissioner-cum-Secretary, Health Department New Secretariat, Patna. 2. Shri Shatrughan Prasad Sinha, Director-in-Chief, Health Services, Govt. of Bihar, New Secretariat, Patna. 3. Shri Narmadeshwar Lal, District Magistrate-cum- Chairman, District Establishment Committee, East Champaran. 4. Shri Dharmdeo Singh, Civil Surgeon-cum-Chief Medical Officer, East Champaran, Motihari. 5. Shri C.K. Singh, District Malaria Officer, East Champaran, Motihari. .............. Contemnors/Opposite Parties with MJC No.2723 of 2008 SOBHA RAM Versus NARMDESHWAR LAL, I.A.S. & ANR. with MJC No.2911 of 2008 1. NARENDRA KUMAR, son of Chhote Lal Prasad, resident of Village-Gaighat, P.S.-Harsidhi. 2. Punya Deo Ram, son of Ramadhar Ram, resident of Village Lohiyar Math, P.S.-Harsidhi. 3. Yogendra Ram, son of Faguni Ram, resident of Village Matiyaria, P.S.-Harsidhi. 4. Dhrub Pandey. 5. Akhilesh Pandey, Both (4 & 5) sons of Sudama Pandey, residents of Village-Siswa Mauje, P.S.- Paharpur. 6. Shashi Kant Prasad, son of Dharmendra Rai, resident of Village-Harpur, P.S.-Harsidhi. 7. Rajeshwar Rai, son of Ram Chandra Rai, resident of village-Murarpur, P.S.-Harsidhi. 8. Nawal Kishoer Prasad, son of Harendra Prasad, resident of village-Bahurupiya, P.S.-Turkaulia. 9. Shobha Lal Ram, son of Bhikhari Ram, resident of village-Bahurupiya, P.S.-Turkaulia. 2 10. Motilal Prasad, son of Ram Chandra Sah, resident of village-Amawa, P.S.-Banjariya. 11. Sukhdeo Ram, son of Raghunath Ram, resident of village-Kritpur, P.S.-Harsidhi. 12. Daroga Prasad, son of Mahesh Prasad, resident of village Ranjeta, P.S.-Harsidhi. 13. Suresh Singh, son of Late Yamuna Singh, resident of village Math Lohiyar, P.S.-Harsidhi. 14. Ram Sagar Ram, son of Lachhu Rai, resident of Village Harpur, P.S.-Harsidhi. 15. Nagendra Ram, son of Ram Surat Ram, resident of Village Murarpur, P.S.-Harsidhi. 16. Ram Bali Chaudhary, son of Rajendra Chaudhary, resident of village-Mesaurha, P.S.-Kundwa Chainpur. 17. Nagendra Ram, son of Nathuni Ram, resident of village-Beldari Tola, P.S.-Turkaulia. All District-East Champaran ............... Petitioners Versus 1. THE STATE OF BIHAR through the Commissioner-cum- Secretary, Health Department, New Secretariat, Patna. 2. Shri Shatrughan Prasad Sinha, Director-in-Chief, Health Services, Govt. of Bihar, New Secretariat, Patna. 3. Shri Narmadeshwar Lal, District Magistrate-cum- Chairman, District Establishment Committee, East Champaran. 4. Shri Dharmdeo Singh, Civil Surgeon-cum-Chief Medical Officer, East Champaran, Motihari. 5. Shri C.K. Singh, District Malaria Officer, East Champaran, Motihari. ........... Contemnors/Opposite Parties ----------- 4. 26.2.2010 Heard counsel for the parties. Pursuant to the previous order dated 4.2.2010 the District Magistrate, West Champaran is present. Show cause reply has been filed in two of the aforementioned contempt applications giving out certain explanations for not complying the order. While this 3 Court would not like to make any comment on such explanation as that may in a way reflect upon the sincerity of the opposite parties, this much has to be recorded that their plea of another judicial order of this Court being the impediment for non- compliance of the order of this Court is not at all tenable. Counsel for the opposite party accordingly prays for is allowed to withdraw such a stand taken in the show cause reply. Counsel for the State infact on taking instructions from the contemnor opposite party, District Magistrate, East Champaran has also given a firm undertaking that the order of this Court will be complied positively within a period of three months from today. Thus all these contempt applications are being disposed of with a firm direction that the earlier order of this Court which is subject matter of these three contempt applications must be complied in letter and spirit, failing which the present District Magistrate irrespective of his being transferred from the post will be held to be personally responsible for 4 violation of the order of this Court. It is made clear that panel so notified by way of compliance of the order of this Court will be placed before the Registry of this Court in a report of compliance within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations/directions, these applications are finally disposed of. The personal appearance of the District Magistrate, West Champaran is also dispensed with. (Mihir Kumar Jha,J.) Surendra/