RANCHI TIMBER TRADERS ASSOCIATION Vs. STATE

JUDGEMENT

(1.) ON the motion of the petitioner, the case has been brought in the list under the heading "To be mentioned" today.

(2.) MR . Ram Balak Mahto, by filing petitions alleged that the Gazette Notification which has been alleged to be made of 12th October, 1996. was an ante dated one. At the time of filing of the writ petition, there was a certificate from the Government Press that there was no such Notification uptil now. By referring to a judgment of this Court as reported in 1968 PLJR, page -582 (Mahnar Notified Area Committee and ors. vs. State of Bihar). Mr. Mahto has pressed much that enquiry must be made in this matter as to find out the truth as to when the Notification is made in the Gazette and when it was received in the Government Press from the Forest Department for the purpose of Gazette Notification. According to him, as law requires as per Section 4 (36) of the General Clauses Act r/w Section 28 of the said Act, publication has not yet been made.

(3.) THIS submission has been made on the ground that there are much paper publications even imputing on the petitioner's Advocate and the Government Advocate to that effect. The Times of India (Patna Edition) of Wednesday, November, 20th is definitely unfortunate. Such sort of imputation by way of Yellow Journalism is not expected from the Newspaper like that of the Times of India. It appears that Order of this Court was also quoted in the publication under inverted comma, but such were not the wordings of the Court. Without verifying from the Court of the Certified copy of the Order, such sort of publication is unwarranted. Practically, the order of the Court cannot be published on the publication of November, 20th of the Times of India, when the order was signed on 20th November, 1996 itself in the morning hours. The imputation made against Mr. V. Shivanath G.P.I. is totally uncalled for a it was submitted by Mr. V. Shivnath, while the order was passed that the counter affidavit was going to be filed that day itself as was awaited affidavit and Gazette Notification was enclosed with the counter affidavit.