MD MAZHARUL HAQUE, SON OF LATE MD ZAHIRUDDIN Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY CUM COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and State.

(2.) On 20.11.2017, as per the earlier order dated 30.10.2017, a direction was to file counter affidavit by 30.10.2017, failing which the respondents no.1 to 4 were required to be present in Court. On 20.11.2017, no counter affidavit was filed as the stand taken by learned counsel for the State was that though it was prepared but as it requires changes, the same was not being filed. The Court had granted indulgence and, thus, restrained from passing any strict order despite the fact that both the directions of the Court in its order dated 30.10.2017 had not been complied with, i.e., neither counter affidavit was filed nor respondents no.1 to 4 were present.

(3.) It is quite unfortunate that even today, no counter affidavit has been filed and on the contrary, again some time is being sought. The Court cannot keep granting time again and again for no valid reason. The Court had indicated that as there was already an order on the issue by a Co-ordinate Bench, which was affirmed by the Division Bench, and still the authorities not taking a decision indicated that there was deliberate resistance on the part of the authorities to accept the decision of the Court on the issue.