JAGTA NAND Vs. RANGJEE TIWARI

JUDGEMENT

(1.) BOTH these applications have been heard together and will be governed by this common judgment,

(2.) IN C. W. J. C. No. 3 of 1980 (R) prayer has been made to quash the order of the first Additional District Judge, Dhanbad passed on 15 -12 -1979 by which the petitioners of that case have been ordered to appear in person and to show cause as to why they should not be proceeded under the Contempt of Courts Act, 1971. In C. W. J. C No. 29 of 1980 (R) prayer has been made to quash the order of the Sessions Judge, Giridih, dated 14 -12 -1979 by which the petitioners of that case have also been ordered to appear in person and to show cause as to why they should not be punished for having committed contempt of Court. Copies of both the orders have been filed in the two applications and marked as Annexure -1.

(3.) THEREAFTER , respondent No. 1, Rangjee Tiwary, was appointed as Receiver in Title Suit on 16 -12 -1977 and to manage the Collieries and other properties mentioned in the plaint. A copy of that order has been filed and marked as Annexure -B. The Central Coal Fields Limited, having come to know that respondent No. 1 has been appointed as Receiver in the suit for Satighat Collery, which is a part and parcel of Giridih group of Collieries belonging to the Company, filed an application that the Receiver should be asked not to interfere with the peaceful possession of the Company. The learned Subordinate Judge, Dhanbad, by his order dated 20 -3 -1978 directed the Receiver not to work in Satighat Colliery until further orders which form part of Giridih Colliery. A copy of that order has been filed as Annexure -3. On 20 -5 -1978 an application was also filed on behalf of the State to dipfharge the Receiver after various Acts were passed and he had no right to work the mine. The matter was heard by the learned Subordinate Judge on 11 -9 -1978 and respondent No. 1 was directed to continue as Receiver in respect of New Sonardih Colliery, Sundriadih Colliery and Jagannathdih Moulding Sand Mine and Khar1 a White Clay and China Clay mine only and he was discharged from the post of Receiver of other Collieries. A copy of the order has been filed and marked Annexure -4.