RABINDRA NATH GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that despite the order, passed by this Court dated 19th February, 2009 in W.P.(C) No. 776 of 2009, and though the opposite parties were restrained from dispossessing the petitioner or demolishing the property, situated at 7 Ranikudra, Ramdas Bhatta Shop Area, P.O. & P.S.- Kadma, Town- Jamshedpur, District- Singhbhum East, the opposite parties, especially opposite party no.4, are violating the impugned roder by initiating one or other proceeding under the Code of Criminal Procedure and what has not been permitted directly by the impugned order, has been indirectly permitted by the opposite parties, especially by opposite party no.4.

(2.) Learned counsel for the opposite parties submitted that the proceedings initiated by opposite party no.4 under Section 144 of the Code of Criminal Procedure has been dropped and the learned counsel for the opposite parties has talked with the Sub Divisional Officer, Dhalbhumgarh, Jamshedpur, District-Singhbhum East, who has stated that the opposite parties will abide by the order, passed by this Court dated 19th February, 2009 in W.P.(C) No. 776 of 2009 and they will not commit any violation of the said order.

(3.) In view of the aforesaid submission and looking to the statement, made by the learned counsel for the opposite parties that the proceeding, initiated under Section 144 of the Code of Criminal Procedure has already been dropped and also looking to the assurance, given by the opposite parties, especially opposite party no.4, that henceforth there shall not be any breach of the order dated 19th February, 2010, passed by this Court in W.P.(C) No. 776 of 2009, this contempt petition is hereby disposed of, as not pressed, at this stage. However, liberty is reserved with the petitioner to move this Court by way of a fresh petition, in case of any difficulty.