JAMSHEDPUR NOTIFIED AREA COMMITTEE J N A C THROUGH ITS SPECIAL OFFICER v. NISHIKANT SINGH PROPRIETOR M/S N S CONSTRUCTION
C.Rev./68/2024 · 2025-02-25
Sri Ananda Sen, Sujit Narayan Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14538 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14538 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No.546 of 2024
----- Nishikant Singh, aged 40 years, Proprietor M/S N.S. Construction S/o Sri Sukhram Singh, 37/A, Raghukul, Road No.3, Jamshedpur, Jharkhand. (Phase-2) Aditya Garden, Adityapur, District-Saraikela-Kharsawan- 832109, Jharkhand ....... … Petitioner Versus
1. Jamshedpur Notified Area Committee (J.N.A.C.) New Kalimati Road, P.O.-Sakchi, P.S.-Sakchi, Jamshedpur 831001, through its Special Officer (Now designated as Deputy Municipal Commissioner) Krishna Kumar, aged 44 years s/o Bhuneshwar Prajapati. 2. Ananya Mittal s/o not known posted as Deputy Commissioner, East Singhbhum, at Jamshedpur, P.O.-Sakchi, P.S-Sakchi, Jamshedpur, Dist. East Singhbhum-831001. 3. Krishna Kumar, aged 44 years s/o Bhuneshwar Prajapati presently posted at Special Officer (now designated as Deputy Municipal Commissioner), Jamshedpur Notified Area Committee (J.N.A.C.) now Kalimati Road, Sakchi, P.O.-Sakchi, P.S.-Sakchi, Jamshedpur-834001, East Singhbhum, Jharkhand. 4. State of Jharkhand. … Opposite Parties
With
Civil Review No.68 of 2024
1.Jamshedpur Notified Area Committee (J.N.A.C.), New Kalimati Road, P.O. & P.S. Sakchi, Jamshedpur 831001, through its Special Officer. 2. Special Officer, Jamshedpur Notified Area Committee (J.N.A.C.), New Kalamati Road, P.O. & P.S. Sakchi, Jamshedpur 831001, East Singhbhum, Jharkhand. Both represented through Ajit Kumar s/o Mansu Mahto, aged about 32 years, r/o Beyang, P.O. Bariyatu, P.S. Rajrappa, District Ramgarh. ....... … Respondents/Petitioners Versus
1. Nishikant Singh, aged about 40 years, Proprietor, M/s N.S. Construction, s/o Sri Sukhram Singh, r/o Raghukul, Road No. 3 (Phase-2) Adityapur Garden, Adityapur, Jamshedpur, PO & PS- Adityapur, Jamshedpur Distt. Saraikela- Kharsawan 832109, Jharkhand. … Petitioner/Respondent
2. The State of Jharkhand
3. Deputy Commissioner, East Singhbhum at Jamshedpur, P.O. & P.S. Sakchi, Jamshedpur, East Singhbhum. ……..Respondents/Proforma Respondents
With
Civil Review No.69 of 2024
1.Jamshedpur Notified Area Committee (J.N.A.C.), New Kalimati Road, P.O. & P.S. Sakchi, Jamshedpur 831001, through its Special Officer. 2
2. Special Officer, Jamshedpur Notified Area Committee (J.N.A.C.), New Kalamati Road, P.O. & P.S. Sakchi, Jamshedpur 831001, East Singhbhum, Jharkhand. Both represented through Ajit Kumar s/o Mansu Mahto, aged about 32 years, r/o Beyang, P.O. Bariyatu, P.S. Rajrappa, District Ramgarh. ....... … Respondents/Petitioners
Versus
1. Putul Pandey W/o Sandeep Pandey, Proprietor, M/s O.P Construction, at Holding No.22, Shastri Nagar, Block No.3, Kadma, PO-Kadma, PS- Kadma, Jamshedpur, Distt.-East Singhbhum, 831005, Jharkhand … Petitioner/Respondent
2. The State of Jharkhand
3. Deputy Commissioner, East Singhbhum at Jamshedpur, P.O. & P.S. Sakchi, Jamshedpur, East Singhbhum.
……..Respondents/Proforma Respondents
With
Contempt Case (Civil) No.555 of 2024
----- Putul Pandey aged 47 years, W/o Sandeep Pandey, Proprietor, M/s O.P Construction, Holding No.22, Shastri Nagar, Block No.3, Kadma, PO- Kadma, PS-Kadma, Jamshedpur, Dist.-East Singhbhum, 831005, Jharkhand ....... … Petitioner Versus 1.Jamshedpur Notified Area Committee (J.N.A.C.), New Kalimati Road, P.O. & P.S. Sakchi, Jamshedpur 831001, through its Special Officer (Now designated as Deputy Municipal Commissioner) Krishna Kumar, aged 44 years s/o Bhuneshwar Prajapati. 2. Ananya Mittal s/o not known posted as Deputy Commissioner, East Singhbhum, at Jamshedpur, PO-Sakchi, PS-Sakchi, Jamshedpur, Dist.- East Singhbhum-831001
3. Krishna Kumar, aged 44 years, S/o Bhuneshwar Prajapati presently posted at Special Officer (Now designated as Deputy Municipal Commissioner), Jamshedpur Notified Area Committee (J.N.A.C.), Now Kalimati Road, Sakchi, PO-Sakchi, P.S. Sakchi, Jamshedpur 831001 , East Singhbhum, Jharkhand. 4. State of Jharkhand … Opposite Parties -------
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON’BLE MR. JUSTICE ANANDA SEN ------- For the Petitioner : None
(in Civil Review Nos.68 of 2024 & 69 of 2024) Mr. Ashok Kumar Jha, Advocate
(in Cont. Case (Cvl.) Nos.546 of 2024 & 555 of 2024) For the OP-State : Mr. Ratnesh Kumar, SC (L&C)-I
(in Cont. Case (Cvl.) No.546 of 2024)
Mr. Ashwini Bhushan, AC to Sr. SC-II
(in Cont. Case (Cvl.) No.555 of 2024) ------
3
Order No.05/Dated: 25th February, 2025
1. At the outset, it needs to refer herein that this Bench has specially been constituted for these four matters. Civil Review No.68 of 2024 with Civil Review No.69 of 2024
2. Contempt Case (Civil) No.546 of 2024 has been filed alleging willful and deliberate non-compliance of the order of this Court dated 19.09.2023 passed in WP(C) No.2161 of 2023 and Contempt Case (Civil) No.555 of 2024 has been filed alleging willful and non- compliance of the order of this Court dated 19.09.2023 passed in W.P(C) No.2156 of 2023. 3. It is evident from the order dated 03.07.2024 passed in Contempt Case (Civil) No.546 of 2024 that further proceeding in the contempt case has been directed to be awaited on the ground of filing of the civil review being Civil Review No.68 of 2024. 4. A co-ordinate Bench of this Court has passed an order to list Contempt Case (Civil) No.555 of 2024 along with Civil Review No.68 of 2024 with Contempt Case (Civil) No.546 of 2024. 5. There are two contempt cases, i.e., one is Contempt Case (Civil) No.546 of 2024 and another is Contempt Case (Civil) No.555 of
2024. 6. It appears that both these contempt cases have been filed against the identical order passed by this Court in two different writ petitions being W.P(C) No. 2161 of 2023 which has been disposed of vide order dated 19.09.2023 and W.P(C) No.2156 of 2023 which has also been disposed of vide order dated 19.09.2023. 7. It further appears that two civil review petitions have been filed, one being Civil Review No.68 of 2024 which is for review of the order dated 19.09.2023 passed in W.P(C) No.2161 of 2023, i.e., with respect to the case wherein the writ petitioner was Nishikant Singh, the petitioner in Contempt Case (Civil) No.546 of 2024. Another review petition being Civil Review No.69 of 2024 is for review of the order dated 19.09.2023 passed in W.P(C) No.2156 of 2023 with respect to the case wherein the writ petitioner was Putul Pandey, the petitioner in Contempt Case (Civil) No.555 of 2024. 4
8. Mr. Ratnesh Kumar, the learned SC(L&C)-I is present to represent the opposite party-State in Contempt Case (Civil) No.546 of 2024 and Mr. Ashwini Bhushan, the learned AC to Sr.SC-II is present to represent the opposite party-State in Contempt Case (Civil) No.555 of 2024. 9.
We have waited for about more than 15 minutes so as to have the representation of the learned counsel who is to pursue the Civil Review No.68 of 2024 and Civil Review No.69 of 2024. But none is there to represent both the review petitions even though the name of the
learned counsel is being reflected.
10. Ms. Rishi Bharti, the learned counsel has filed Vakalatnama in both the civil review petitions, i.e., Civil Review No. 68 of 2024 and Civil Review No.69 of 2024, who belongs to the office of Mr. Ashutosh Anand, the learned Additional Advocate General-III.
11. Even after efforts have been taken to inform the learned counsel, there is no appearance in both the civil review petitions.
12. As such, due to non-representation of the learned counsel in both the review petitions being Civil Review No.68 of 2024 and Civil Review No.69 of 2024, these civil review petitions are dismissed for non-prosecution and, accordingly, disposed of. Contempt Case (Civil) No.546 of 2024 with Contempt Case (Civil) No.555 of 2024
13. This Court, in view of the dismissal of Civil Review No.68 of 2024 and Civil Review No.69 of 2024, is of the view that the notice is required to be issued against the contemnor-opposite party, i.e., Special Officer, Jamshedpur Notified Area Committee in both the contempt cases to explain as to why a proceeding under the Contempt of Courts Act, 1971 be not initiated against him for willful and deliberate non- compliance of the orders of this Court both dated 19.09.2023 passed in W.P(C) No.2156 of 2023 and W.P(C) No.2161 of 2023.
14. Let notice be issued under registered cover with A/D as well as through ordinary process for which requisites etc. must be filed within a week.
5
15. Notice is made returnable on 08.04.2025. (Sujit Narayan Prasad, J.)
(Ananda Sen, J.) Sudhir