RAMESH CHANDRA Vs. VINOD BHARGAV

JUDGEMENT

(1.) Today this case is listed under the head 'Direction Matters'. By order dated 06.09.2019 the Collector, Shivpuri was directed to take possession of the land in dispute and was further directed to submit compliance report to the Principal Registrar of this Court within a period of one month from the date of the order. However, it appears that the Collector, Shivpuri did not respond and did not submit her compliance report and accordingly, a reminder dated 17.10.2019 was also sent by the office but the same also fell on the deaf ears of the Collector, Shivpuri and accordingly, the matter was placed before this Court under the head 'Direction Matters'. Accordingly, by order dated 06.01.2020, the Collector, Shivpuri was directed to remain present before this Court on 13.01.2020. On 13.01.2020 also neither Collector, Shivpuri filed the compliance report nor remained present before this Court and, accordingly, the case was adjourned to 14.01.2020 with a direction to the Collector, Shivpuri to remain present.

(2.) Today compliance report has been filed under the signatures of Shri Arvind Kumar Vajpai, SDM, Karera, Disrict Shivpuri along with a prayer for exemption from personal appearance of Collector, Shivpuri. It is mentioned in the application that since Army Recruitment Rally is going on from 08.01.2020 to 21.01.2020 and since 70 thousand candidates from other districts have come to Shivpuri for participating in the recruitment process and, therefore, the presence of the Collector, Shivpuri is necessary in order to keep a watch over the law and order situation and thus, she may be exempted from personal appearance. In the application itself it is mentioned that in compliance of the order dated 04.09.2019, the Tahsildar, Karera, District Shivpuri has taken possession of the land in dispute and has handed over to the Kotwar, Ghanshyam. However, the entire application is silent as to why the compliance report was not sent to this Court in spite of the reminder dated 17.10.2019.

(3.) Shri Arvind Kumar Vajpai, SDM, Karera, District Shivpuri is also present in the Court on behalf of the Collector, Shivpuri. It is submitted by the SDM, Karera that by letter dated 26.09.2019 the Tahsildar, Karera was directed to comply the order dated 04.09.2019 passed by this Court in M.P. No. 3452/2019. Thereafter, one more reminder was sent to the Tahsildar, Karera by letter dated 07.10.2019 to take personal interest for ensuring compliance of order dated 04.09.2019. It is further submitted that Dy. Collector, District Shivpuri by letter dated 24.10.2019 directed the SDO, Revenue, Karera as well as Tahsildar, Karera to comply the order dated 04.09.2019 and only thereafter the Tahsildar, Karera by letter dated 07.11.2019 which was addressed to the SDO, Karera, District Shivpuri forwarded the possession report. It is further submitted by the SDM, Karera that although no action was taken for mutation of the name of the State Government in the revenue record but today the proceedings have been initiated. The SDM, Karera has also brought the office file to substantiate his contention. Office file of the SDM, Karera contains the copy of the reminder dated 15/17.10.2019 which was sent by the Principal Registrar of this Court along with the copy of the order dated 04.09.2019. From the record of the SDM, Karera, it appears that after receiving the copy of the order dated 04.09.2019, the SDM, Karera by order dated 26.09.2019 directed the Tahsildar, Karera to take possession but the Tahsildar, Karera did not take any interest. Thereafter on 07.10.2019 another reminder was sent by SDM, Karera, District Shivpuri to the Tahsildar, Karera but still it appears that no interest was taken by the Tahsildar, Karera. When a reminder was sent by the Principal Registrar of this Court by its letter dated 15/17.10.2019, even then the Collector, Shivpuri took the said reminder in the most casual manner and instead of issuing the letter to the SDM, Karera for the immediate compliance, directed Dy. Collector, Shivpuri to issue a reminder to the SDM, Karera and, accordingly, by letter dated 24.10.2019, the SDM, Karera was informed about the reminder sent by this Court. Only thereafter it appears that on 07.11.2019, the Tahsildar, Karera District Shivpuri forwarded the copy of the Panchnama but still the SDM, Karera, District Shivpuri did not care to forward it to the Collector, Shivpuri and even the Collector, Shivpuri did not take any pains to verify that whether the order dated 04.09.2019 was complied by her subordinates or not. Further, when this Court by order dated 06.01.2020 directed the Collector, Shivpuri to remain present before this Court on 13.01.2020 but still the Collector, Shivpuri did not take any pains either to forward the compliance report or to remain present before this Court. An I.A. No. 316/2020 has been filed seeking exemption from personal appearance. It is mentioned that the Army Recruitment Rally is going on from 08.01.2020, therefore, even if the absence of the Collector on 13.01.2020 is considered in the light of the reasons assigned in the application, still the Collector, Shivpuri could have forwarded the compliance report but it appears that the Collector, Shivpuri has no respect and regards for the authority of the highest constitutional Court of the State. Only when a strict view was taken by this Court by order dated 13.01.2020, the machinery came into action. It is also not known that whether the Panchnama dated 07.10.2019 prepared by the Tahsildar is a genuine document or not because after 07.10.2019 no action was taken by the authorities for getting the name of the State Government mutated in the revenue records. It is contended by the SDM, Karera that since there was no direction by this Court to mutate the name of the State Government, therefore, no action was taken. However, today the proceedings have been initiated for the said purposes.