IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO. 2881 of 2010 FARUK ANSARI S/O LATE MAJID, RESIDENT OF WARD NO.22, STADIUM ROAD, MADHUB ANI, P.O. + PS MADHUBANI, DISTT. MADHUBANI, .........PETITIONER Vs 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, BIHAR, PATNA. 2. SRI ASHOK KUMAR SINGH, JOINT SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, BIHAR, PATNA. 3. SRI PANKAJ KUMAR, DISTRICT MAGISTRATE CUM SECRETARY, CHIEF MINISTER’S, URBAN DEVELOPMENT WORKING COMMITTEE, MADHUBANI 4. SRI HARI SHANKAR PRASAD, EXECUTIVE ENGINEER, NATIONAL RURAL EMPLOYMENT PROGRAMME, MADHUBANI, P.O.+ P.S.+ DISTRICT- MADHUBANI. 5. SRI SANJAY KUMAR, EXECUTIVE ENGINEER, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, MADHUBANI, P.O.+ DISTT. MADHUBANI. 6. SRI SANJAY SINGH, EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANISATION, MADHUBANI, P.O.+ DISTT. MADHUBANI 7. SRI PRADEEP KUMAR JHA, EXECUTIVE ENGINEER ELECTRICITY SUB- DIVISION,P.O,.+DISTRICT-MADHUBANI..... OPP. PARTIES ----------- 3 26-10-2010 Heard learned counsel for the petitioner and learned counsel for the State. While disposing of a public interest litigation by order dated 18-9-2009 (annexure-1), this court noticed the anxiety expressed on behalf of the petitioner regarding suggestions of the Municipality for widening of roads and shifting of electric poles in Madhubani and in that context liberty was granted to the Madhubani Municipality to send its resolutions on the aforesaid matters to the District Magistrate, 2 Madhubani for its proper consideration by the District Magistrate at the time of strengthening or widening of roads. From the contempt application, it appears that Madhubani Municipality has not made any communication with the District Magistrate, Madhubani pursuant to annexure-1although letters appear to have been written to the Principal Secretary of the concerned department at Patna as well as to the concerned Executive Engineer at Madhubani. For invoking contempt jurisdiction the petitioner should have included materials to show that Municipality had communicated its resolution in respect of relevant materials to the District Magistrate, Madhubani. In absence of that, this contempt application is finally disposed of with liberty to the petitioner to approach the District Magistrate through the Madhubani Municipality without delay. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)