IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4178 of 2009 GAUTAM KUMAR, son of Krishna Prasad, resident of village-Pinjore, P.S.- Parasbigha, District-Jehanabad, at present residing at Mohalla-Raja Bazar, P.S. & District-Jehanabad. ………Petitioner Versus 1. The State Of Bihar 2. The Collector, Jehanabad 3. The Block Supply Officer, Jehanabad ……..Opposite Parties. ----------- 02 03.02.2010 The least this Court can say is it is shocked to read the order of the learned Chief Judicial Magistrate, Jehanabad. In no uncertain term by order dated 04.12.2009 passed in C.W.J.C. No. 14451 of 2009 this Court had directed the release of rice in favour of the petitioner on furnishing adequate security to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad which would be subject to the result of the criminal case and the confiscation proceeding. It was hoped that the learned Chief Judicial Magistrate, would understand the plane simple English. The order did not give any discretion to him either to adjourn the matter or refuse compliance thereof, yet regrettably he first entertained the prayer of the leaned P.P. to adjourn the matter and not complied with the order of this Court and then read the order of this Court to mean that the release would be made after the confiscation proceeding and the - 2 - criminal case is concluded. It is elementary that once the confiscation proceeding and the criminal case are concluded the necessary result would flow from judgment and order therein and no order from this Court is required in this regards. I find that this misinterpretation is deliberate to stall implementation of order of this Court. In stead of proceeding further in the mater I direct that within 24 hours of production of a copy of this order before the Chief Judicial Magistrate, Jehanabad, he would ensure that the rice is released in favour of the petitioner as per the earlier order passed in the writ petition. It shall be his sole responsibility to ensure compliance of this order. This application is disposed off accordingly. Let a copy of this order be communicated to the learned Chief Judicial Magistrate, Jehanabad through Fax at the cost of the petitioner. Shageer (Navaniti Prasad Singh, J)