IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1121 of 2008 CONTEMPT PROCD.AGAINST EXECUTIVE OFFICER NAGAR PARISHAD,SIWAN Versus Nagar Parisad Siwan & others ----------- 3 13.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. Pursuant to the notice issued in the contempt application, a show cause on behalf of the respondent no.4, the Executive Officer, Nagar Parishad, Siwan, has been filed. The narration of the facts have been given as well as the explanation. The primary reason stated by O.P. No. 4. According to the show cause, there was a communication or miscommunication between the respondents and their counsel appearing in the matter. This was coupled with the fact that he was given additional charge of Executive Officer of the Nagar Parishad on 19.03.2008. He had no occasion to instruct the counsel when the matter came up and the statement was made before this Court that the auction is scheduled to be held on 28.03.2008. A perusal of the show cause as well as annexure annexed in support, the Court does come to a conclusion that an auction was held on 26th March 2008, but, the Court does not feel very happy in the manner the 2 litigation has been conducted on behalf of the respondents, more so, when indulgence was granted by the Court to revert after verifying the facts, the issue raised by the petitioner in the writ application any respondents were granted liberty to hold the auction on 28.03.2008. The Court only caution and warns both O.P. No.4 as well as the functionaries of the Nagar Parishad to be more cautious in their litigations which they are defending, especially before this Court, so that a situation of the present kind would not be created. In so far as the Contempt Application is concerned, it is allowed to rest. The Contempt Application is dropped. Let C.W.J.C. No. 7285/2007 be listed on 20th August 2008 along with the record of M.J.C. No. 1121/2008 in the top 10 cases. Rajeev/ (Ajay Kumar Tripathi, J.)