ARUN KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jai Prakash learned counsel for the petitioner, and learned JC to SC No.I.

(2.) MY attention has been invited to the order dated 21.4.98, passed by this Court in CWJC No. 1223 of 1996 (R) (Builders ' Association vs. State and Ors.), a copy of which is marked An -nexure -3 to the writ petition. Pursuant to the said order, TISCO sent its letter dated 28.5.98 to the Superintendent of Police, Jamshedpur (respondent no.2), enclosing thereto a list of 153 quarters the possession of which has been handed over by TISCO to the police administration for the S.P.Pool, and also enclosing thereto a list of 82 houses of TISCO in unauthorised occupation of the police personnel. A copy of the said letter dated 28.5.98 along with the list of 82 quarters is marked Annexure -A to the counter affidavit of respondent no.2. It is stated in paragraph -10 of the counter affidavit that the petitioner has vacated the quarter on 25.10.98 which was in his unauthorised occupation, and figures against si.no.32 of the said list. Learned Junior Counsel to S.C.I. further informs this Court that three more unauthorised occupants have vacated their quarters, as is manifest from Annexure -B. The counter affidavit is significantly silent with regard to the removal of unauthorised occupation of the remaining quarters. Respondent no.2 has obviously made a brazen attempt to take this Court down the garden path which aspect shall be considered on the next date.

(3.) HE is also directed to submit a detailed counter affidavit with regard to -the inaction and failure to carry out the terms of the aforesaid order dated 21.4.98 of this Court, and why appropriate action be not taken/initiated against him including initiation of contempt proceedings. He has not found almost one year adequate to carry out the directions of this Court. The counter affidavit shall be sworn by the present incumbent himself and shall also state the names of the incumbents with their period of stay in office ever since 21.4.98.