Rajesh Mahto Vs the State of Jharkhand through Mr L Khiyangte the Additional Chief Secretary Deptt of Revenue — Jharkhand HC (2024) — LawSathi Research

Rajesh Mahto Vs the State of Jharkhand through Mr L Khiyangte the Additional Chief Secretary Deptt of Revenue — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceeding against the opposite parties dropped; contempt petition disposed of; petitioner granted liberty to take appropriate recourse under law against the order dated 24.12.2022 (memo no. 1790) passed by opposite party no. 2 in Misc. Case No. 29/2021-22; I.A. No. 8173 of 2023 disposed of accordingly.

Issue for consideration

Whether contempt proceedings should be initiated against the opposite parties for alleged willful disobedience of the order dated 27.09.2021 passed in W.P.(C) No. 540 of 2021, and if so, their further course.

Court's answer

In view of the State's submission that the order dated 27.09.2021 in W.P.(C) No. 540 of 2021 has been complied with, there is no need to further proceed in the contempt petition; the contempt proceeding as against the opposite parties is dropped.

Ratio / Principle

The petitioner is at liberty to take appropriate recourse as permissible under law against the order contained in memo no. 1790 dated 24.12.2022 passed by the opposite party no. 2 in Misc. Case No. 29/2021-22.

Key takeaways

I.A. No. 8173 of 2023 stands disposed of accordingly along with the contempt petition.ratio¶29

Detailed headnote1 paragraphs

Contempt - alleged willful disobedience of order dated 27.09.2021 passed in W.P.(C) No. 540 of 2021 - State (through AC to AG) referred to order contained in memo no. 1790 dated 24.12.2022 passed by opposite party no. 2 (Deputy Commissioner, Chatra) in Misc. Case No. 29/2021-22, submitting that the writ order has been complied - no appearance for petitioner - Held: considering the said submission, no need to further proceed in the contempt petition; contempt proceeding against the opposite parties (State revenue/land acquisition officials of Chatra-Tandwa and NTPC Limited officers) dropped; contempt petition disposed of; petitioner at liberty to take appropriate recourse under law against the order dated 24.12.2022 in Misc. Case No. 29/2021-22; I.A. No. 8173 of 2023 also disposed of accordingly.

IN THE HIGH COURT OF JHARKHAND AT RANCHI Contempt Case (Civil) No. 160 of 2022

Rajesh Mahto

… … Petitioner

Versus

The State of Jharkhand through Mr. L. Khiyangte, Additional Chief Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi

Mrs. Anjali Yadav, Deputy Commissioner, Chatra

Mr. Arun Kumar Ekka, Additional Collector, Chatra

Md. Mumtaz Ansari, Sub-Divisional Officer, Chatra

Mr. Gorang Mahto, District Land Acquisition Officer, Chatra

Mr. Ranjit Lohra, Circle Officer, Tandwa, Chatra

Mr. Dhaneshwar Das, Circle Inspector, Tandwa, Chatra

Mr. Gurdeep Singh, Chairman-cum-Managing Director, National Thermal Power Corporation Limited, New Delhi

Mr. Tomas Varkey, Deputy General Manager (HR), NTPC Limited, North Karanpur Project, Tandwa, Chatra

… … Opposite Parties

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : None For the State : Mrs. Pinky Tiwary, AC to AG For the NTPC Limited : Mr. Prashant Pallav, Advocate Mr. Bajrang Kumar, Advocate

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05/03.01.2024 The present contempt petition has been filed for initiating a contempt proceeding against the contemnors/opposite parties alleging willful disobedience of

order dated 27.09.2021 passed in W.P.(C) No. 540 of 2021.

2. No one appears on behalf of the petitioner.

3. Mrs. Pinky Tiwary, AC to AG appearing on behalf of

the opposite party-State, while referring to copy of the order as contained in memo no. 1790 dated 24.12.2022 passed by the opposite party no. 2 in Misc. Case No. 29/2021-22 (Annexure-B to the show cause affidavit dated 29.03.2023 filed on behalf of the opposite party no. 2), submits that the order dated

27.09.2021 passed in W.P.(C) No. 540 of 2021 has been

complied.

4. Considering the said submission, there is no need to further proceed in the contempt petition. The contempt proceeding as against the opposite parties is hereby dropped.

5. The contempt petition is accordingly disposed of.

6. The petitioner is, however, at liberty to take

appropriate recourse as permissible under law against the order as contained in memo no. 1790 dated 24.12.2022 passed by the opposite party no. 2 in Misc. Case No. 29/2021-22.

7. I.A. No. 8173 of 2023 also stands disposed of

accordingly.

Manish