LAKSHMI BARAI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2004-4-13
HIGH COURT OF JHARKHAND
Decided on April 29,2004

LAKSHMI BARAI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Heard Mr. H. K. Jha, learned counsel for the Petitioner; Mr. Shamim Akhtar, learned S. C. II for the State of Jharkhand and Mr. Rajan Prasad Sinha, learned counsel for the Opposite Party No.2.
(2.) The Petitioner has filed the instant contempt application for violation/nen compliance of the Order dated 14-3-2002, passed in C. W. J. C. No. 4970 of 2001 as well as for violation of the Order dated 5-5-2003 passed in Contempt Civil No. 643 of 2002.
(3.) It is seen that by Order dated 14-3-2002, this Court had disposed off the Writ Petition with a direction upon the Respondent No.2 to pass a reasoned order upon the representation of the Petitioner within a period of three months from the date of receipt thereof. Pursuant thereto, an order was passed on 3-5-2003 but it was passed without giving a reasonable opportunity of hearing to the Petitioner whereafter a Contempt Case (Civil) No. 643 of 2002 was filed, On 5-5-2003, the Contempt Application was disposed off with the following direction : ".......In that view of the matter and taking into consideration the explanation furnished by the Secretary in his cause filed today and also appreciating the promptitude with which he has acted and accepting the submission of Mr. H. K. Jha to the effect that he was entitled to an opportunity of hearing, this Court, therefore, disposes off the contempt application and directs the Secretary to pass a fresh reasoned order in accordance with law after giving opportunity in the manner directed in C. W, J. C. No. 4970 of 2001. If the Petitioner even thereafter feels aggrieved, he shall have the liberty to challenge the same in an appropriate proceedings before an appropriate Court.";


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