- (1.) Heard learned counsel for the parties on two writ petitions, one W.P. (C) No.4456/2004 and another W.P. (C) No. 3643/ 2010, as both are connected with the same parties and are of the same dispute. However, in W.P. (C) No. 4456 of 2004, only it has been prayed that respondents be directed to give certified copies of the entire records of case. M-1031/1995, which was disposed of by judgment dated 11-1-2(X)3 by the Sub-Divisional Magistrate, Sadar, Ranchi. In writ petition No. 3643/2010 same petitioner is aggrieved because, in spite of orders passed by various Executive Officers for removal of encroachment of respondent No. 7, the subordinate authorities are not removing the encroachment which was subject matter in Case No. M- 1031/1995 as well as order passed under Section 147 Cr. P.C. proceedings which were initiated in continuation to case No. M-1031/ 1995.
(2.) The State, took a different and contrary stand with the averment that at one point of time it supplied copies of the certain documents to the petitioner in the year 1995 itself and subsequently took a stand that the copies cannot be given because of the reason that when record was received to the Clerk concerned, he duly received it and subsequently he died and thereafter record was not traceable. This Court in the above writ petition No. 4456/2004 passed an order on 30th September, 2010 after considering the plea of the State Government referred above and observed that this Court is not satisfied with the plea taken by the State-respondents for non-supplying of the certified copies of the said records and only by saying that they have lodged F.I.R. they cannot escape from their responsibility. Then a show cause notice was issued to the Sub Divisional Magistrate, Ranchi and Circle Officer (Town). Ranchi and they were directed to file show cause as to why appropriate action be not taken against them for not complying with the orders passed in this case; obviously the order dated 19th August, 2010.
(3.) At this juncture, it is relevant to mention here that a Division Bench of this Court in above two writ petitions, on 25th March, 2011, ordered, in exercise of the administrative power, that both the matters, which are single Bench matters, will now be heard by Division Bench. It appears from the order dated 25th March, 2011, that Hon'ble the then Chief Justice passed such an order in administrative power but the order has been recorded in judicial side. Be that as it may, these matters have come up for consideration before the Division Bench, may it be by the administrative order, passed by the Division Bench headed by the then Hon'ble Chief Justice as judicial order. That will not affect the jurisdiction of' this Court as the order dated 25th March, 2011, has not been challenged, nor today it is challenged by any of the parties.;