M.Y.EQBAL, J. - (1.) IN this writ application since a very serious question was raised by the petitioner that without issuing any notice the impugned order was passed by the Commissioner, South Chotanagpur Division, Ranchi, this Court, on 17.1.2005, passed the following order : "Heard in part. Put up this case on 24.1.2005. In the meantime, standing counsel No. 1 is directed to send FAX to the Commissioner, South Chotanagpur Division for production of record of Kolhan Title Appeal No. 89 of 1995 disposed of on 12.1.1998. SC.I. is also directed to inform the office of the Commissioner for production of the records. Let a copy of this order be handed over to SC.I for needful."
(2.) WHEN the record was not produced, this court passed order on 23.2.2005 directing the Commissioner, South Chotanagpur Division, to personally appear and file show cause why a contempt proceeding be not initiated against her. Pursuant to the aforesaid order the Commissioner, South Chotanagpur Division has appeared in person and filed a show cause stating, inter alia, that the record was sent by special messenger and the same was received by standing counsel No. 1 on 22.2.2005.
(3.) WHEN this case was taken up on 23.2.2005, it was submitted on behalf of SC.I that in spite of giving intimation by FAX, the record has not been produced by the Commissioner. This prima facie appears to be a false submission made by the learned SC.I which resulted in unnecessarily calling of the Commissioner before this Court. This Court, therefore, expresses serious exception and anguish on the way the submission was made by SC.I on 23.2.2005.;