SAMIR KUMAR SARKAR Vs. MAHARAJ SINGH

JUDGEMENT

(1.) This is an application under the Contempt of Courts Act, 1971 for criminal contempt on the allegations of violation of Court's order and thereby interfering with and/or obstructing administration of justice tending to lower the authority of the Court.

(2.) The case of the petitioners is as follows:-

(3.) The respondent is the son of a Darwan of 'Sarkar Estate" of Beliaghata of which the petitioners are co-sharers. The respondent has no concern with the fishery and has no manner of right, title or interest over the same.With a view to cause mischief to the petitioners and for making wrongful gain to himself respondent moved an application under Sec. 144 Cr.P.C before the Court of the Executive Magistrate, Barrackpur and by fraudulent misrepresentation and without impleading the petitioners obtained an ex parte order on July 18, 1981. On coming to know of the said proceeding the petitioner moved this Honourable Court and obtained a Rule and ad interim order of stay of operation of the impugned order passed by the Executive Magistrate. In the meantime the respondent filed a suit being Title Suit No. 94 of 1981 in the Second Court of subordinate Judge at Alipore making false representation and allegations against the petitioners. The respondent prayed for injunction in the said suit which was refused Being thus baffled in his attempts, the respondent started interfering with the possession of the petitioners. The respondent with his agents and associates suddenly came to the fishery on Sept. 20, 1981 with the object of ousting the petitioners from the fishery. As the Police Authorities failed to take any steps in spite of the matter being reported to them, the petitioners moved a writ application against the State of West Bengal, Superintendent of Police Additional Superintendent of Police, Officer in-Charge of the Police Station and the respondent and his associates with the prayer for issue of a writ in the nature of Mandamus commanding the respondents nos. 2 to 4 therein to act and proceed in accordance with law. The petitioners obtained a Rule and an Interim order, the Rule being still pending. In spite of all these facts the respondent with his agents and associates again made attempts on Jan. 23, 1982 to dispossess the petitioners and take forcible possession of the fishery. There being continuous attempt to dispossess the petitioners, they were obliged to file a suit being Title Suit No. 34 of 1982 in the Second Court of the Subordinate Judge at Alipore against the respondent for a declaration of their title to the said fishery and for permanent injunction. The petitioners also filed an application for ad interim injunction restraining the respondent therein from disturbing the possession of the petitioners in the said fishery. The learned Subordinate Judge passed the following order on 22 2.1982.