(1.) Heard learned counsel for the parties.
(2.) On 29.4.2003 this Court disposed of CWJC No. 587 of 2003 with the direction that within a period of two months from the date of receipt of the copy of the order the District Magistrate shall pass final orders after giving due opportunity of hearing to the petitioner. The petitioner submitted the copy of the order on 23.5.2003, unfortunately nothing was done. Thereafter the present contempt application was filed. The District Magistrate has filed his show cause along with a copy of the order dated 9.9.2003. The petitioner still says that in accordance with the direction of the High Court opportunity of hearing was not afforded to the petitioner and as such the order is bad.
(3.) From Annexure 8 it appears that the matter was taken up on 9.8.2003-and thereafter on 26.8.2003 it was adjourned to 2.9.2003. On 2.9.2003 the Court could not be conducted because of the flood and the matter was adjourned to 9.9.2003. From the records it does not appear that any notice of hearing was given to the petitioner that he was required to appear on 9.9.2003. The order passed by the Collector shows absolute indifference and non-application of the mind. It appears that far from the ground realities he is living in Utopian conditions. He has observed that in village Lahrabad the populace is 1000 and the police station is about one and half Kms and as one of the man is holding the arms license and as the petitioner was not present in the Court on 9.9.2003 the application can be safely rejected. I must observe that the Collector/District Magistrate of Ara does not even have the basic understanding either of law or the realities. If somebody has an arms license with him and other man thereafter applies then on the ground of one license in the village the second application can not be rejected. It is not expected of every person of the village that on an onslaught by the dacoits he would ask them to wait for sometime so that he may go to the police station, ask the police to help and assist him or ask the dacoits or the miscreants or the criminals that he would go and ask the person holding the license to come with his gun or arms to save such person, If the logic applied by the District Magistrate is good enough then no person would be entitled to security in this State, be he the Governor or the Chief Minister or the High Court Judge or the Collector, because every time it can be safely said that every VIP and ordinary man are residing within the periphery of 2-4 Kms of the police station. The position of the police in this State is a notoriously known secret, everybody knows that how the police works. I must observe that the police in this State is just like a rainbow. The police so also the rainbow appear on the scene after the storm has passed away. Today itself I was reading in the newspaper that because of the non-payment of the extortion money a young businessman was killed and the police did not take any action therefore, the enraged mob made an attack on the police and burnt their Gypsy vehicle. The said mob also damaged the property of lacs and no action was taken by anybody. I must hasten to say that in a State like Bihar where everybody is somebody then nobody cares for anybody. The Collectors/District Magistrate should live in the realities and should not be oppressed by the facts that the hands of the people working with them have not been greased and proper lubrication have not been given to the small gears, therefore, big machines shall not move. Within a period of four weeks from the date of submission of copy of this order, after giving opportunity of hearing the said District Magistrate shall pass speaking order without being influenced by the earlier observations made by him, which have not been approved by this Court. He is forewarned that if he does not pass orders within four weeks as observed above, he shall be exposing himself to a serious risk.