NIWARAN MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The judgment is being pronounced today through virtual mode. The present contempt case has been filed for initiating contempt proceeding against the opposite parties alleging wilful disobedience of the interim order dtd. 2/3/2020 passed by this Court in W.P.(C) No.3648 of 2019. Learned counsel for the petitioners submits that the Bharat Petroleum Corporation Limited has started construction work forcefully and illegally over the portion of the land in question. A show cause affidavit has been filed on behalf of the opposite party nos.1 to 4, annexing a copy of letter no.1032 dtd. 10/6/2020, whereby the Circle Officer, Chas informed Bharat Petroleum Corporation Limited, Kolkata to maintain status quo over the land in question. In response to the said letter dtd. 10/6/2020, Bharat Petroleum Corporation Limited also informed the opposite party no.2 that they took immediate action and maintained status quo over the land in question. A show cause affidavit has also been filed on behalf of the opposite party nos.5 and 6 stating therein that the order of this Court has not been violated and the construction is not being made over the land in question i.e. 10 acres of land being claimed by the petitioners, rather the same is being made on remaining portion of the acquired land. Having heard learned counsel for the parties and on perusal of the show cause affidavits filed on behalf of the opposite parties, I see no reason to further proceed in the matter. The contempt proceeding as against the opposite parties is hereby dropped. The present contempt case is, accordingly, disposed of.

(2.) During the pendency of the writ petition, the Additional Collector, Bokaro and the Deputy Commissioner, Bokaro-respondent no.2 passed the orders all dtd. 29/6/2020 under sec. 4(h) of the Act, 1950, which was subsequently confirmed by the State Government, and as such the petitioners by filing an interlocutory application being I.A. No.2915 of 2021 have further prayed for quashing the orders dtd. 29/6/2020 passed in cases i.e. Misc. 4(h) Case No. 33 of 2020-21, Misc. 4(h) Case No. 101 of 2020-21, Misc. 4(h) Case No. 110 of 2020- 21, Misc. 4(h) Case No. 111 of 2020-21 and Misc. 4(h) Case No. 115 of 2020-21 by both the Additional Collector, Bokaro and the respondent no.2, whereby Jamabandi of the petitioners over the said land have been cancelled. In the said interlocutory application, further prayer has been made for quashing the order dtd. 22/3/2021 passed by the Joint Secretary, Department of Revenue, Registration and Land Reforms, Govt. of Jharkhand, whereby the cancellation of jamabandi has been confirmed contrary to the provisions of sec. 4(h) of the Bihar Land Reforms Act.

(3.) Aggrieved with the interim order dtd. 2/3/2020 passed by this Court in I.A. No.1018 of 2020, directing the parties to maintain status quo till further order, Bharat Petroleum Corporation Limited (BPCL)- respondent no.5 preferred intra court appeal being L.P.A No.91 of 2021, which was disposed of by the learned Division Bench vide order dtd. 11/6/2021, requesting this court to hear and decide the writ petition expeditiously.