Sahid Anwar Vs State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Sahid Anwar Vs State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceeding against opposite party nos. 2 and 3 dropped, and the restraint on their drawing of salary imposed by (part of) the Court's order dated 16.02.2024 recalled.

Issue for consideration

Whether contempt proceedings should be initiated and prosecuted against opposite party nos. 2 and 3 for alleged wilful violation of the order dated 03.04.2018 passed in W.P.(C) No. 1378 of 2016. +1 more

Court's answer

In view of the facts placed before it (completion of compliance with the order dated 03.04.2018 passed in W.P.(C) No. 1378 of 2016, accepted by learned counsel for the petitioner), the Court held there was no need to further proceed in the present contempt matter.

Ratio / Principle

The contempt proceeding as against the opposite party nos. 2 and 3 is hereby dropped.

Key takeaways

That part of the Court's order dated 16.02.2024 whereby the opposite party nos. 2 and 3 were restrained from drawing their salary is hereby recalled.ratio¶23

Detailed headnote1 paragraphs

Cont. Case (Civil) No. 199 of 2021 (Jharkhand High Court at Ranchi; Rajesh Shankar, J.; Order No. 13 dated 12.06.2024): A contempt petition filed by Sahid Anwar against Circle Officers Khagen Mahato and Suresh Kumar Sinha for alleged wilful violation of the writ-court order dated 03.04.2018 passed in W.P.(C) No. 1378 of 2016 was closed after demonstrated compliance. Pursuant to the Court's order dated 10.04.2024 both officers appeared physically; via show cause affidavit dated 10.06.2024 (paras 5-6) compliance was shown: the Deputy Collector Land Reforms, Bermo (Tenughat) allowed Mutation Appeal Case No. 06 of 2024-25 on 03.05.2024 and set aside the Circle Officer, Kasmar's mutation order dated 16.08.2018 (Mutation Case No. 227 of 2018-19) directing a fresh order, whereafter opposite party no. 3 passed a fresh order on 27.05.2024 allowing the petitioner's mutation application for the rest part of the land, with correction slip annexed as Annexure-B. Learned counsel for the petitioner accepted the compliance. The Court held there was no need to further proceed, dropped the contempt proceeding against opposite party nos. 2 and 3, recalled the part of its order dated 16.02.2024 restraining them from drawing salary, and disposed of the contempt petition.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cont. Case (Civil) No. 199 of 2021

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Sahid Anwar

… … Petitioner

Versus

The State of Jharkhand

Khagen Mahato, Circle Officer, Kasmar, District- Bokaro, presently posted at Meharma, District- Godda

Suresh Kumar Sinha, Circle Officer, Kasmar, District- Bokaro

…. … Opposite Parties

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Vibhor Mayank, Advocate For the O.P. Nos. 2 and 3 : Mr. Praveen Akhauri, S.C. (Mines)-I Mr. Sharabhil Ahmed, AC to SC (Mines)-I

Order No. 13 Dated: 12.06.2024

The present contempt petition has been filed for initiation of contempt proceeding as against the opposite party nos. 2 and 3 alleging wilful violation of order dated 03.04.2018 passed in W.P.(C) No. 1378 of 2016.

2. Pursuant to order dated 10.04.2024, Mr. Khagen Mahato, the Circle Officer, Mahagama, District- Godda (the opposite party no. 2) and Mr. Suresh Kumar Sinha, the Circle Officer, Kasmar, District- Bokaro (the opposite party no. 3) are physically present before this Court.

3. Mr. Praveen Akhauri, learned S.C. (Mines)-I, while referring to paragraph nos. 5 and 6 of the show cause affidavit dated 10.06.2024 filed on behalf of the opposite party no. 3, submits that the Deputy Collector Land Reforms, Bermo (Tenughat), vide order dated 03.05.2024 allowed Mutation Appeal Case No. 06 of 2024-25 and set aside the order dated 16.08.2018 passed by the Circle Officer, Kasmar in Mutation Case No. 227 of 2018-19 directing him to pass a

fresh order in accordance with law. The opposite party no. 3 having come to know about passing of the order dated 03.05.2024 by the Deputy Collector Land Reforms, Bermo (Tenughat), has passed a fresh order on 27.05.2024 allowing the petitioner’s application seeking mutation for rest part of the land. Copy of the correction slip with respect to the land in question has also been annexed as Annexure-B to the said show cause affidavit.

4. It is thus submitted that the order dated 03.04.2018 passed in W.P.(C) No. 1378 of 2016 has now been complied in its true letter and spirit.

5. Learned counsel for the petitioner accepts the said fact stated by the learned S.C. (Mines)-I.

6. Under the aforesaid facts and circumstance, there is

no need to further proceed in the present contempt matter.

7. The contempt proceeding as against the opposite party nos. 2 and 3 is hereby dropped.

8. Part of the order dated 16.02.2024 whereby the opposite party nos. 2 and 3 were restrained from drawing their salary is hereby recalled.

9. The contempt petition is accordingly disposed of.

Ritesh

(Rajesh Shankar, J.)