DHARMENDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seeking initiation of a proceeding under the Contempt of Courts Act, 1971 for wilful violation of order dated 7.4.2008 passed in W.P.(C) No. 5055/2003, the present contempt case has been filed.

(2.) The applicant claimed right, title and interest in land comprised in Plot No.1275 under Thana No.128, MouzaPakur vide registered saledeeds dated 18.1.2011 and 29.1.2011. A proceeding under Section 4(h) of the Land Reforms Act, 1950 was initiated in the year 1982. However, the said proceeding was dropped vide order dated 9.11.1982. After the death of vendor of the petitioner, his wife was paying rent and the Jamabandi was running in her name. Again in the year 1995, another notice under Section 4(h) was issued to the widow of late Amitabh Pandey @ Amit Pandey and the SubDivisional Officer, Pakur ordered cancellation of Jamabandi and inclusion of the property in Sairat. The said order was upheld by the appellate authority as well as the revisional authority. Aggrieved, W.P.(C) No. 5055/2003 was filed by the widow of said Amitabh Pandey. The writ petition was allowed vide order dated 7.4.2008 and the orders passed by the Subdivisional Officer, the Deputy Commissioner and the Commissioner, Santhal Pargana Division were quashed.

(3.) The learned counsel for the applicant submits that though order dated 7.4.2008 passed in W.P.(C) No. 5055/2003 has been upheld by the Hon'ble Supreme Court, the Deputy CommissionerO.P. No.2 continued to harass the wife of late Amitabh Pandey. She finally sold the property to the applicant. The learned counsel contends that O.P. Nos.2&3 have continued to harass the applicant also and several proceedings under Section 144 Cr.P.C and Section 107 Cr.P.C have been initiated. The learned counsel further submits that the action of O.P. Nos.2&3 is serious interference in the administration of justice and therefore, proceeding under the Contempt of Courts Act, 1971 be initiated against O.P. Nos.2&3.