IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1364 of 2008 KRISHNA NAND SAH Son of Late Charu Sah, Village P.O. Gangania, P.S., Sultanganj, District Bhagalpur. Versus 1.THE STATE OF BIHAR 2.Sri Shiv Chandra Jha, Director General of Police, Bihar Patna. ----------- 3 29/3/2010 No one appears for the petitioner. This application has been filed for initiating a proceeding for contempt for the alleged violation of order dated 24.1.2006 in C.W.J.C. No.7667 of 2005. Operative portion whereof reads as follows:- “However, learned counsel for the State submitted that the petitioner has filed appeal before the Director General of Police, Bihar, Patna (respondent no.2) against the impugned order and the same is still pending. Under such circumstances, this writ petition is fit to be dismissed on the sole ground of availing of alternative remedy. I am unable to appreciate the said submission of the learned counsel for the State. Learned counsel for the State has not disputed that the statutory appeal preferred by the petitioner dated 15.1.2005 was received in the office of the appellate authority, namely, respondent no.2, on 11.2.2005, yet the same has not been disposed of now for almost one long year. However, having regard to the facts and circumstances aforementioned, the writ application is disposed of with direction to respondent no.2 to consider the appeal and dispose it of within a fortnight of the receipt/production of a copy of this order keeping in view the principle decided by the Ranchi Bench of this Court (as it then stood), referred to above.” Grievance of the petitioner is that despite the aforementioned direction his appeal has not been disposed of. 2 Despite service of a copy on the counsel for the State neither counsel for the State has appeared nor any show cause reply has been filed. In that view of the matter, keeping this matter pending will be of no avail and accordingly this application is disposed of with a direction to the opposite parties to ensure that if the aforesaid direction of this Court has not been complied as yet the same must be complied within a period of three months from the date of receipt/production of a copy of this order. Application stands disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)