MANAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for initiation of contempt proceeding and awarding suitable punishment to the contemners for their wilful and deliberate disobedience/violation of the order dated 28.7.1998 and 24.12.1998 passed in Cr. Misc. No. 13582 of 1998 as well as the order dated 6.3.2000 passed in Cr. Misc. No. 28502 of 1999.

(2.) IT is submitted that a regular civil suit over the land in dispute has already been decided in favour of the petitioner by the judgment and decree in the year 1959/ 62 passed in Title Suit No. 64/14 and 147/15 appertaining to Khata No. 13 and 14 which were affirmed by the higher court including the High Court. Even after the aforesaid judgment and decree of the High Court, the executive authorities namely, the Sub -Divisional Magistrate, Dumraon repeatedly initiated proceeding under Sections 145 and 146(1) Cr.P.C, some of the proceedings were subsequently dropped by the Sub -Divisional Magistrate himself as being satisfied by the judgment and decree of the Civil Court or by non -existence of the apprehension of the breach of peace. One such proceeding initiated vide Case No. 1363(M)/99 was quashed by the High Court by the judgment and order dated 29.10.1997 passed in Cr. Misc. No. 12481 of 1992 and Cr. Misc. No. 14285 of 1992. It is submitted that executive authorities repeatedly initiated the proceeding under Sec. 145 Cr.P.C. and passing the order of attachment further another proceeding was initiated vide Case No. 168/1998(M) in which an order for attachment of the land was passed, the petitioner challenged the aforesaid order in Cr. Misc. No. 13582 of 1998 in which this High Court issued notice to the Opposite Parties and finally be the order dated 24.12.1998 admitted the case for hearing and the order for maintenance of status quo was in force. The aforesaid Cr. Misc. No. 13582. of 1998 is still pending and the contemner/opposite parties have been restrained from taking any action disturbing the status quo of the land. It is submitted that the S.D.O., Dumraon again initiated a proceeding under Sections 145/146(1) Cr.P.C. by his order dated 2.11.1999 vide Case No. 603 of 1999 and ordered for bid to be held on 9.11 1999 for the purpose of the cultivation of the aforesaid land. It is further submitted that one Yogendra Nath Dubey, one of the party of the proceeding filed Cr. Misc. No. 28502 of 1999 against the order of attachment and proposed bid before this Court and a Bench of this Court by an order dated 5.11.1999 issued notice to the opposite parties and till hearing, stayed the part of the order dated 2.11.1999 by which the auction was to be held by 9.11.1999. It is stated that the aforesaid Cr. Misc. No. 28502 of 1999 was admitted by the order dated 6.2.2000 and the operation of the order dated 2.11.1999 was stayed.

(3.) IT is further submitted that Cr. Misc. No. 28502 of 1999 is pending for hearing and the order of stay, vide Annexure -3, is still in force and the contemnor S.D.J.M. was restrained from taking any action in respect of the land in question during the pendency of the aforesaid criminal miscellaneous application in view of the aforesaid order passed by this Court. It is indicated that Opposite Party No. 2 passed yet another illegal and erroneous order dated 7.11.2002 in utter violation of the aforesaid order passed by this Court and by the order dated 7.11.2002 the Contemnor/Opposite Party No. 2 had made a wrong statement to the effect that this Court had not stayed the order of attachment of the settlement of land by bid. It is further submitted that the contemnor/Opposite Party No. 2 settled the land by auction on 22.11.2002. It is, therefore, indicated that the orders dated 7.11.2002 and the bid dated 22.11.2002 are illegal, erroneous and nonest in the eye of law.