Orissa High Court
Mangaraj Jena vs Deputy Commissioner Of ... Opposite ... on 5 February, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No.1695 of 2024
(In the matter of application under Articles 226 and
227 of the Constitution of India).
Mangaraj Jena ... Petitioner
-versus-
Deputy Commissioner of ... Opposite Parties
Police, BBSR & Others
For Petitioner : Mr. N. Panda, Advocate
For Opposite Party : Mr. A.K. Apat, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
F DATE OF HEARING & JUDGMENT:05.02.2025
G. Satapathy, J.
1. The petitioner by means of this CRLMP
has invoked the jurisdiction of this Court under
Articles 226 & 227 of the Constitution of India by
praying inter alia the following which is extracted in
verbatim because the same is ambiguous:-
"xx xx xx direction may issue to the
opposite party no 1 & 2 to take
necessary action against the culprit as
per the affair and as well as they
direction of the LD civil court dated
04.07.2022 in IA No. 2/2022 in CS No.
489/2022 to maintain the status quo
over the suit land."
2. Heard, Mr. Niranjan Panda, learned
counsel for the petitioner and Mr. A.K. Apat,
learned Addl. Public Prosecutor in the matter and
perused the record. Mr. Apat submitted the
instruction received from IIC, Nandankanan P.S.
3. It appears from the fact narrated in the
application by the petitioner that he has filed a civil
suit against Benudhar Jena and others before the
Court of learned Civil Judge (Jr. Divn.),
Bhubaneswar in C.S. No.489 of 2022, wherein the
petitioner preferred an application U/O. 39 Ruel-1 &
2 read with Section 151 of the Code of Civil
Procedure (in short, "the CPC") which is numbered
as I.A. No.02 of 2022 and accordingly, the learned
Civil Judge (Jr. Divn.), Bhubaneswar passed order
directing both the parties to maintain status quo
over the suit scheduled land till disposal of the suit,
but being aggrieved for violation of such injunction
order, the petitioner has approached the said Civil
Court in I.A. No.04 of 2022, wherein the learned
Civil Judge (Jr. Divn.), Bhubaneswar directed the
IIC, Nandankanan P.S. to implement the order
passed by it in I.A. No.02 of 2022. However,
praying to direct the OPs.1 & 2 to implement the
said order, the present CRLMP has been filed.
4. A perusal of the aforesaid fact would go
to indicate that the petitioner being aggrieved with
disobedience of the injunction order passed by the
learned Civil Judge, has approached the said Court
seeking for a direction to the IIC, Nandankanan
P.S. to implement the said order and accordingly,
the said Court has passed such order, but being
aggrieved with the non-implementation of such
order passed by the learned Civil Judge, the
petitioner has approached this Court. What should
be the consequences of disobedience or breach of
injunction has been outlined U/O 39 Rule-2A of the
CPC. The aforesaid provision makes it very clear
that the Civil Court has jurisdiction to proceed in
the matter in case of disobedience of any injunction
granted or other order made under Rule 1 & 2 or
breach of any of the terms on which the injunction
was grated or the order so made, but instead of
approaching for proper remedy, the petitioner has
directly approached this Court seeking for a
direction to the Police authority to register the FIR
which is not the recourse available to the petitioner
in terms of law.
5. Further, the IIC, Nandankanan P.S. in
his written instruction has stated that the other side
has not obeyed the order and they claimed to face
the consequence as to be ordered by the learned
Civil Court. In view of the aforesaid facts and
circumstance and taking into account the written
instruction and the provision of law, this Court is
not inclined to issue any direction in the matter.
The petitioner is, however, at liberty to approach
the Court which has granted injunction in the suit.
6. In the result, the CRLMP stands
dismissed on contest, but in the circumstance,
there is no order as to costs.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Dated the 5th day of February, 2025/S.Sasmal
Location: High Court of Orissa
