IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3715 of 2010 SUNIL KUMAR MANDAL, SON OF KAMLESHWARI MANDAL RESIDENT OF VILLAGE GHIWAHA, P.O. GHIWAHA, VIA SARPATGANJ, P.S. CHHATARPUR AND DISTT. SUPAUL. Versus 1. THE STATE OF BIHAR 2. KUMAR RAVI, COLLECTOR, SUPAUL. 3. DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, SUPAUL. 4. SHANKAR JHA, ANCHALADHIKARI, ANCHAL CHHATARPUR, DISTT. SUPAUL. 5. MURLI PRASAD, OFFICER IN CHARGE, CHHATARPUR, POLICE STATION DISTT. SUPAUL. 6. RAMESH MUKHIYA @ RAMESH MALLAH, SON OF JAGDHAR MUKHIYA, RESIDENT OF VILLAGE JIBACHPUR, P.S. BHIMPUR AND DISTT. SUPAUL. ---------------------------------- 10. 20.09.2011 From the show cause, supplementary show cause filed by M/s Braj Bihari Bhagat, Bijay Kumar, Shankar Jha the three officers present in Court who are alleged to have violated the order of the High Court dated 20.11.2009 passed in C.W.J.C. No.7343 of 2009, it is quite evident that petitioner herein and respondent no.6 of the writ case appeared on 4.12.2009 before the then Circle Officer, Chhatapur Sri Braj Bihari Bhagat in compliance of the said order but Sri Braj Bihari Bhagat could not proceed with the verification of the records of Jamabandi Cancellation Case No.01 of 1998-99 on that date i.e. 4.12.2009 as according to Sri Bhagat records of Jamabandi Cancellation Case No.01 of 1998-99 was not 2 available. No order sheet indicating such fact was, however maintained by Sri Bhagat while taking steps for compliance of the directions issued by this Court under order dated 20.11.2009 until he was transferred from the post of Circle Officer, Chhatapur on 15.02.2010, whereafter Sri Bijay Kumar assumed charge of the post of Circle Officer, Chhatapur but he also did not maintain either any record or order sheet to indicate the steps taken by him in compliance of the order of the High Court dated 20.11.2009 as it is submitted by him that he was never informed by Sri Bhagat about the order of the High Court dated 20.11.2009. Sri Bijay Kumar should have taken his independent steps to ascertain about the order of the High Court and its compliance but he did not take any such steps until he was transferred on 4.4.2010, whereafter Sri Sankar Jha joined the post of Circle Officer, Chhatapur but he also did not do anything for ensuring compliance of the order dated 20.11.2009 until 12.08.2011 when this Court asked the counsel for the State under order dated 9.8.2011 to seek instruction in the matter. 3 It is thus quite evident that all the three officers who have been holding the post of Circle Officer, Chhatapur from 4.12.2009 till date are responsible for delay compliance of the order of the High Court. It is also evident from the aforesaid statement that they are discharging the duty of the Circle Officer, Chhatapur in connection with compliance of the order of the High Court dated 20.11.2009 without observing the norms of a quasi judicial authority. They are found negligent in not even asking for extension of time for compliance of the order. It is, however, submitted on their behalf that the records of Jamabandi Cancellation Case No.01 of 1998-99 was missing from the office. If the records were missing that was good ground for seeking extension of time granted under order dated 20.11.2009 for ensuring its compliance but the three officers at the relevant time never took such steps. These circumstances are quite sufficient for me to proceed against them for contempt. The situation, however has been saved by Sri Shyam Kishore Sharma, learned Government Advocate who states 4 that as the order dated 30.08.2011 has been passed without giving adequate opportunity to the petitioner and respondent no.6 of the writ case to represent their case, the said order shall be recalled by Sri Shankar Jha the present Circle Officer, Chhatapur with opportunity to the petitioner and respondent no.6 of the writ case to produce evidence in support of their case and after considering the material produced by the parties, fresh order shall be passed within two months from today. Petitioner is directed to appear before the Circle Officer, Chhatapur on 14.10.2011. The contempt petition, is accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)