Jharkhand High Court
Ayub Ansari vs The State Of Jharkhand on 8 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 610 of 2020
Ayub Ansari ... ... Petitioner
-Versus-
1. The State of Jharkhand
2. Dilip Kumar Yadav, Divisional Forest Officer, Northern Forest Division,
Garhwa
3. Md. Ziyaul Ansari, Deputy Collector Land Reforms, Garhwa
4. Mr. Raj Maheshwaram ... ... Opp. Parties
With
Cont. Case (Civil) No. 612 of 2020
Sher Ali Ansari ... ... Petitioner
-Versus-
1. The State of Jharkhand
2. Dilip Kumar Yadav, Divisional Forest Officer, Northern Forest Division,
Garhwa
3. Md. Ziyaul Ansari, Deputy Collector Land Reforms, Garhwa
4. Mr. Raj Maheshwaram ... ... Opp. Parties
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners : Mr. Shadab Bin Haque, Advocate
Ms. Sharda Kumari, Advocate
For the Opp. Parties : Mr. Mithilesh Singh, G.A.-IV
----
10/08.07.2022 The present contempt petitions have been filed for initiation of
contempt proceeding as against the opposite parties for wilful violation of
order dated 25.10.2018 passed by this Court in W.P.(C) No. 3959 of 2017
with W.P.(C) No. 4654 of 2017 .
Pursuant to order dated 09.06.2022, the opposite party no. 3- Md.
Ziyaul Ansari (presently posted as Under Secretary, Department of Personnel
Administrative Reforms and Rajbhasha, Government of Jharkhand) and
opposite party no. 4- Mr. Raj Maheshwaram (presently posted as Sub-
Divisional Magistrate-cum-Deputy Collector Land Reforms, Garhwa) are
physically present before this Court.
Mr. Mithilesh Singh, learned G.A.-IV appearing on behalf of the
opposite parties in both the contempt petitions, submits that supplementary
show cause affidavits dated 06.07.2022 have been filed on behalf of the
opposite party no. 4 in both contempt petitions wherein it has been stated
inter alia that orders dated 27.11.2020 earlier passed by the opposite party
no. 3 in Misc. Case No. 10 of 2013-14 and Misc. Case No. 11 of 2013-14
(Annexure-C to the show cause affidavits dated 06.06.2022 filed on behalf
of the opposite party no. 3 in both contempt petitions) have been recalled
vide order dated 29.06.2022 (Annexure-A to show cause affidavits dated
06.07.2022 in both contempt petitions) passed by the opposite no. 4 in
aforesaid miscellaneous cases directing the Circle Officer, Garhwa to fix
lawful rent with respect to the land in question in favour of the petitioners.
It is also submitted that pursuant to order dated 29.06.2022 passed by the
opposite party no. 4, the Circle Officer, Garhwa (Sadar), vide letter no. 702
dated 05.07.2022, has intimated the said opposite party that his order has
been implemented and name of both the petitioners have been entered in
the revenue records as well as the rent has also been fixed. It is thus
submitted that the order dated 25.10.2018 passed by this Court in W.P.(C)
No. 3959 of 2017 with W.P.(C) No. 4654 of 2017 has now been complied.
On this, Mr. Shadab Bin Haque, learned counsel for the petitioners,
submits that the opposite party no. 4 while passing the orders dated
29.06.2022 has unnecessarily mentioned in the same that the said orders
will be subject to final publication of survey which is still incomplete in
Garhwa Circle.
Considering the said submission of the learned counsel for the
petitioners, this Court is of the view that the said observation made by the
opposite party no. 4 in orders dated 29.06.2022 in aforesaid miscellaneous
cases is unwarranted as the issue with respect to survey of land in Garhwa
Circle was neither involved in the aforesaid writ petitions nor the judgment
was rendered on the said issue.
However, keeping in view that the order dated 25.10.2018 passed by
this Court in W.P.(C) No. 3959 of 2017 with W.P.(C) No. 4654 of 2017 has
now been complied by the opposite party no. 4, this Court does not intend
to proceed further in the matter. The contempt proceeding as against the
opposite parties including the opposite party nos. 3 and 4 is hereby
dropped.
The contempt petitions are accordingly disposed of.
(Rajesh Shankar, J.)
Ritesh
