Prabhat Kumar Das @ Sri Prabhat ... vs The State Of Jharkhand & Anr
2021 Latest Caselaw 4330 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Cont. Case (C) No. 316 of 2020

Prabhat Kumar Das @ Sri Prabhat Kumar Das & Anr.
                                       ...   ...     ...    Petitioners
                              Versus
The State of Jharkhand & Anr.          ...   ...     ...    Opp. Parties
                                -------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioners : Mr. R.C.P. Sah, Advocate For the Opp. Parties : Mr. R.K. Shahi, A.C to S.C (L&C) I

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7/Dated 22nd November, 2021

The instant contempt petition has been filed for alleged

willful and deliberate non-compliance of order dated 24.06.2019

passed in W.P. (C) No. 6049 of 2019, wherein prayer was made

by the writ petitioner to issue direction upon the respondents-

Circle Officer, Rajnagar to mutate the name of the petitioners in

Register-II and fix the rent and issue rent receipts in favour of

writ petitioner on the ground that the title suit being Title Suit

No. 34 of 1989 was allowed and suit was decreed in favour of

petitioners by virtue of order passed by the competent Court of

civil jurisdiction. Further, the decree/judgment passed in the

said Title Suit has been confirmed by the appellate Court in Title

Appeal No. 04 of 2016.

The State-Opp. Party has filed the show cause on

24.03.2021 wherein it has been stated that Opp. Party has

preferred a Second Appeal being S.A. No. 129 of 2020 against

the order dated 17.06.2019 passed in T.A. No. 04 of 2016 and,

therefore, appropriate order for mutating the name of writ

petitioner by making correction in Register II is not being

passed.

Mr. R.C.P. Shah, learned counsel for the petitioners

submits that it is settled position of law that creation of

mutation does not create any right upon the party rather it

speaks about demand of rent to be paid to the State exchequer

and even if the necessary correction would be made in Register

II no prejudice is going to be caused to the State-Opp. Party

since it depends upon the outcome of the Second Appeal.

He further submits that under the power conferred

under Section 14 of the Bihar Tenant's Holding (Maintenance of

Records) Act, 1973 amount is to be deposited in the State

exchequer but by the illegal action of the concerned Opp. Party

i.e. O.P. No. 2 the State is at loss.

Show cause has been filed on 24.03.2021 but in view of

the submission advanced by learned counsel for the petitioner,

the same cannot be said to be proper. Therefore, this Court

being not satisfied with the show cause filed on behalf of Opp.

Parties dated 24.03.202, rejects the said show cause.

Let O.P. No. 2 appear in person to explain as to why a

proceeding under the Contempt of Courts Act be not initiated

against him for willful and deliberate non-compliance of order

passed by this Court.

Post this case on 9th December, 2021.

(Sujit Narayan Prasad, J.) Alankar/-