Jharkhand High Court
Bhairab Majee & Another vs The State Of Jharkhand & Others on 3 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 1414 of 2019
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Bhairab Majee & Another .... ..... Petitioners
Versus
The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioners : Mr. N.K. Sahani, Advocate.
For the Respondent/State : Mr. Ratnesh Kumar, S.C. (L&C)-I.
........
The matter is being taken up through Video Conferencing. Learned counsel for
the parties have no objection with it and submitted that the audio and video
qualities are good.
05/03.11.2022.
Learned counsel for the petitioner has submitted, that since the
judgment dated 05.06.1978 and decree dated 19.06.1978 passed by
learned Munsif, Baghmara, Dhanbad in Title Suit No. 17/1977
affirmed by learned Additional District Judge, Dhanbad in Title
Appeal No. 95/3/1978/86 in terms of judgment dated 14.05.1987 and
decree dated 19.06.1987 has attained finality, the State or any other
person has no right to interfere in the same, even then Manoj Kumar,
son of Gandauri Mahto, resident of at, P.O. & P.S. - Chandankiyari,
District - Bokaro, who was posted as Circle Officer, Chandankiyari
on 21.01.2019 has not considered the order passed by the Court.
Learned counsel for the respondents/State, Mr. Ratnesh Kumar
has submitted that another counter affidavit has been filed by Amit
Kumar Choudhary, son of Late Zamini Mohan Choudhary, working
as Assistant Conservator of Forest on the date of filing of counter
affidavit on 15.06.2020, whereby the land in question is considered
to be forest in nature and remained as a forest land.
Learned counsel for the petitioner in reply to the above
contention has submitted that forest department being part of the
State of Jharkhand or State of Bihar has lost their case, which has
attained finality, as such it amounts to disobedience of the order
passed by competent court.
Considering the same, let show cause notice be issued against
Manoj Kumar, son of Gandauri Mahto, resident of at, P.O. & P.S. -
Chandankiyari, District - Bokaro, who was the Circle Officer,
Chandankiyari at the relevant time of filing counter-affidavit on
22.11.2019 as to why a contempt proceeding be not initiated against
him for utter violation of judgment passed by the competent court,
whereby it has been held that plaintiff's suit for permanent injunction
restraining the defendant or their men, agents and representative
from the Schedule-A property, which has been mentioned in the
Plaint as recorded in Plot Nos. 452, 455, 459 under Gair Abad Malik
Khata No. 195 under Khewat No. 44 belonging to Pratap Chandra
Mukherjee and others.
Let show cause notice also be issued upon Amit Kumar
Choudhary, son of Late Zamini Mohan Choudhary, working as
Assistant Conservator of Forest, Bokaro as to why a contempt
proceeding be not initiated against him for the utter violation of the
judgment passed by the competent court, which has attained finality.
The Chief Secretary, Government of Jharkhand is directed to
serve show cause notice upon these two officers on their present
place of posting.
The show cause reply must be filed by the aforesaid two
officers before the next date.
Put up this case on 09.12.2022 under the same heading.
Till then, there shall not be any disturbance on the possession
of petitioner as there is no further order passed by learned appellate
court in favour of respondent / State or anybody which has attained
finality.
(Kailash Prasad Deo, J.)
Sunil/-
