Dismissed

Tarapado Dhiwar v. State of Jharkhand

Jharkhand HC13 Sept 2023Cont.(Cvl)/6/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand dropped a civil contempt petition filed against the State and Circle Officer for alleged violation of a prior order. The Court held no willful disobedience existed since the State is legally entitled to pursue either civil proceedings or encroachment proceedings concurrently, finding no conflict in remedies.

What did the court decide?

The contempt application was dropped as there was no willful disobedience by the opposite parties.

Tarapado Dhiwar Vs State of Jharkhand — Contempt of Court | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. (Civil) Case No. 6 of 2023

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Tarapado Dhiwar ... ... ... ... Petitioner

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Versus

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State of Jharkhand

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Nitin Shivam Gupta posted as Circle Officer, Nirsa, Dhanbad

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… … ... Opposite Parties

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CORAM: SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J.

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--------For the Petitioner: Mr. Prashant Pallav, Advocate Ms. Shivani Jaluka, Advocate For the State: Mr. Sachin Kumar, A.A.G.-II

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05/Dated: 13.09.2023

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Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.)

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ORDER

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By filing the present civil contempt, the petitioner asserts that the order passed by the Division Bench of this Court headed by the then Chief Justice of this Court on 14.10.2020 in L.P.A. No. 627 of 2018 has been willfully and deliberately violated. However, it is borne out from the record that the State has already filed a civil suit before the competent civil court and the question of the land being a public land or a private land is to be adjudicated by the said Court.

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In that view of the matter, the Circle Officer is not proceeding with the encroachment case bearing Encroachment Case No. 1/2013-14. However, learned counsel for the petitioner would submit that if the suit is decreed in favour of the State, then the State may file execution of recovery of the said land and the encroachment proceeding should not be continued. We are not in agreement with the submissions made by the learned counsel for the petitioner as the State has two remedies. If the suit is decreed in favour of the State, it can proceed under Order XXI of the Code of Civil Procedure, 1908 or

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it may proceed with the encroachment proceeding initiated under the Jharkhand Public Land Encroachment Act, 2000.

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In view thereof, we find no willful and deliberate disobedience of the order passed by this Court by the opposite parties/contemnors and the contempt application is dropped.

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There shall be no orders as to costs.

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All pending interim applications stands disposed of.

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Grant urgent certified copy of this order as per the Rules.

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(Sanjaya Kumar Mishra, C.J.)

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(Ananda Sen, J.)

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APK/VK

Tarapado Dhiwar v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Tarapado Dhiwar v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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