IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.78 of 2010 JAG MOHAN CHAUDHARY S/O YAMUNA CHAUDHARY R/O VILL.- PURVI DAIHANUK, P.S. CHAPRA TOWN, DISTT.- SARAN, CHAPRA. ------------Petitioner Versus 1. THE STATE OF BIHAR. 2. Shri Lokesh Kr. Singh, THE DISTRICT MAGISTRATE, SARAN. 3. MUNICIPALITY, CHAPRA (RABBANI AHAMAD MALLICK, SPECIAL OFFICER, MUNICIPALITY, CHAPRA). 4. THE MUNICIPALITY CHAPRA OFFICER RABBANI AHAMAD MALLICK, EXECUTIVE OFFICER, CHAPRA MUNICIPALITY. ------- Opposite Parties ----------- 2 21.04.2010 Counsel for the petitioner prays for and is allowed to remove the defect in course of the day. Heard learned counsel for the petitioner and counsel for the State. No one has appeared for the Chapra Municipality. The grievance of the petitioner with regard to the non-compliance of the order of this Court dated 21.4.2009 in C.W.J.C. No. 9853 of 2002 is confined to non-disposal of the representation filed by him in pursuance of the observations made in the last paragraph of the aforesaid order which reads as follows:- “----The last plea of the petitioner that he is now ready to deposit a sum of Rs. 10,000/- can be better gone into by the Municipality and therefore, the petitioner, if so advised, 2 may file an application before the Special Officer of the Municipality who will look into the grievance of the petitioner and pass an appropriate order in accordance with law within a period of four months from the date of filing of the aforesaid application by the petitioner.----” As a matter of fact, when this Court had directed the Special Officer to consider the aforesaid offer of the petitioner, it was incumbent on the part of the Special Officer to pass an order. The petitioner claims that he had filed a representation on 2.6.2009 but, the same according to him has not been disposed of as yet. As noted above, none has appeared on behalf of the Chapra Municipality and in that situation, this Court instead of keeping this contempt application pending would direct the Special Officer of Chapra Municipality to ensure compliance of the order of this Court dated 21.4.2009 in letters and spirit. The said Special Officer must pass his order and communicate the same to the petitioner by registered post within a period of two months from the date of receipt/production of a copy of this order and a compliance report to the 3 Registry of this Court through the counsel of the Municipality. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)