IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4168 of 2009 SANTOSH KUMAR SINGH, SON OF LATE BIRESHWAR SINGH, RESIDENT OF VILLAGE PRABHUNATH NAGAR(TANDI), P.S. CHHAPRA MUFFASIL, DISTRICT SARAN AT CHHAPRA. Versus 1. THE STATE OF BIHAR 2. SRI S.SHIV KUMAR, SON OF NAME NOT KNOWN, THE DIVISIONAL COMMISSIONER, SARAN CUM THE CHAIRMAN, REGIONAL TRANSPORT AUTHORITY, SARAN AT CHHAPRA. 3. SRI LOKESH KUMAR SON OF NAME NOT KNOWN, DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE, SARAN AT CHHAPRA. 4. SRI SUSHIL KUMAR, SON OF NAME NOT KNOWN, THE DEPUTY DEVELOPMENT COMMISSIONER, SARAN AT CHHAPRA. 5. SRI MUKESH KUMAR SRIVASTAVS, SON OF NAME NOT KNOWN, THE JOINT COMMISSIONER CUM SECRETARY REGIONAL TRANSPORT AUTHORITY, SARAN AT CHHAPRA. ----------- 04. 24.03.2011 In compliance of the orders of this Court dated 14.3.2011 the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar is present. He states that in compliance of the orders of the High Court dated 13.10.2009, Annexure-1 refund has been allowed to the petitioner on 21.3.2011. The delay was, however caused as efforts were on to fix the responsibility of the officer who caused delay in issue of Parwana to the petitioner. This Court under orders dated 13.10.2009 directed the Collector, Saran at Chapra to consider the proportionate refund of the amount as petitioner could not collect the toll for the period between 9.4.2007-23.8.2007. Collector, Saran at Chapra having considered the matter requested for allotment of fund under letter dated 11.3.2010 and reminder dated 21.5.2010 and 26.6.2010 but refund was not allowed as Finance Department of the State 2 Government desired fixing of the responsibility for the delay caused in issue of Parwana. Fixing the responsibility of the person who caused delay in issue of Parwana and refund of the amount are different issues. Enquiry for fixing the responsibility should have been undertaken after compliance of the orders for refund of the amount and thereby the delay caused in compliance of the orders of this Court as also the inconvenience caused to the Court could have been avoided. From the cause shown it, however does not appear why at all delay was caused for more than one and half years and I wanted to proceed in the matter but considering the unqualified apology tendered by the Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, the matter is closed. The contempt petition is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)