Sohan Lal and Others vs Lalaram and Others

G.P. Mathur, J.—This is an application Under Sections 2 and 12 of the Contempt of Courts Act for initiating proceedings against the Respondents for having committed contempt of the orders passed by this Court on various dates. The petition was heard alongwith record of writ petition No. 14090 of 1986.

It appears that one Khem Karan was Bhumidhar of certain agricultural land situate in village Bara Khurd, pargana Hasangarh Tehsii lglas, district Aligarh, Khem Karan died heirless and several persons filed objections before the Consolidation Officer claiming the property of Khem Karan deceased. The Petitioners also filed objections on the ground that prior to his death Khem Karan had executed a will on 2-1-1981 by which, he had bequeathed his entire property to the Petitioners. It may be mentioned here that the will is unregistered. The Consolidation Officer dismissed the objections filed the Petitioners and also other three set of claimants. It was held that Khem Karan died leaving no heirs find as such, the property his been vested in Gaon Sabha, The Petitioners also filed appeal which was dismissed by the consolidation authority. Thereafter, the Petitioners filed revision u/s 48 of U.P. Consolidation of Holdings, Act, but the same was also dismissed by the Deputy Director of Consolidation on 5-7-1986. The concurrent finding is that the Petitioners have failed to establish the will and that Khem Karan died heirless. Thereafter, the Petitioners filed writ petition No. 14090 of 1986 in this Court challenging the judgments of the consolidation authorities In the writ petition, initially following interim a order was passed on 3-9-1986:

Issue notice

Till 18-9-86, the parties shall maintain status-quo.

subsequently on 5-8-1988, the following interim order was passed

Issue notice.

If the Petitioners have not been dispossessed as yet. after 2-12-86, they shall not be evicted until further orders of this Court.

It may be mentioned here that the writ petition has not been admitted as yet.

It appears that on 15-1-1991, Gaon Sabha through its pradhan moved an application before the 8.DM. lglas, Aligarh stating that the persons mentioned as opposite parties to the application were trying to take forcible possession over the agricultural land which originally belonged to Khem Karan. Due to this some group had been formed in the village and disputes were taking place frequently. It was further stated that there was serious apprehension of breach of peace and it was possible that some murders may also take place It was prayed that necessary steps may be taken for maintaining peace and for protecting the interest of Gaon Sabha. In this application, three Petitioners and 7 others were impleaded as opposite parties. The learned Magistsate called for a report from the local police station on the application moved by Gaon Sabha. The police of police station iglas, Aligarh submitted a report on 5-2-91 saying that there was serious apprehension of breach of peace with regard to the agricultural land It has further reported that proceedings u/s 145 Code of Criminal Procedure may be drawn, Being satisfied with the police report that there was apprehension of breach of peace, the learned Magistrate passed preliminary order u/s 145 Code of Criminal Procedure . on 11-2-1991 directing the parties to appear in his court and submit written statement with regard to their claim. The learned Magistrate passed another order u/s 146(1) Code of Criminal Procedure on 15-4-1991 attaching the property in dispute. The present contempt petition has been filed on the ground that by initiation of proceedings u/s 145 Code of Criminal Procedure and attachment of land u/s 146(1) Code of Criminal Procedure the Petitioners have been dispossessed and thus the stay orders passed by this Court in the writ petition have been violated.

The life of the first order dated 3-9-86 which directed the parties to maintain status quo only upto 18-9-86. It is not the case of the Petitioners that the said order was extended beyond 18-9-86 The 2nd order dated 5-8-1988 was a conditional order- It provided that if the Petitioners have not been dispossessed already. they shall not be evicted until further orders of this Court. I have carefully perused the orders passed by the Consolidation Authorities. There is no finding of any authority that the Petitioners are in possession over the property in dispute. In fact, all the three consolidation authorities have held that the Petitioners have failed to establish the will. In these circumstances, it cannot be said that the Petitioners were in possession over the property in dispute.

In my opinion, mere initiation of proceedings u/s 145 Code of Criminal Procedure, will not amount to violation of stay orders passed by this Court. There was no order or direction by this Court which restrained the learned Magistrate from initiating proceedings u/s 145 Code of Criminal Procedure. The power conferred by the statute namely code of Criminal Procedure to take recourse u/s 145 Code of Criminal Procedure to prevent breach of peace cannot be curtailed or affected in any manner by the Interim order passed by this Court on 5-8-88 in the writ petition. Neither the learned Magistrate nor the Station Officer of PS lglas, Aligarh nor even the State of U.P. are parties to the writ petition. This Court has not passed any order restraining the learned Magistrate from initiating proceedings u/s 145 Code of Criminal Procedure Thus, in my opinion, by the mere fact that proceedings u/s 145 Code of Criminal Procedure have been initated, it cannot be said that any contempt has been committed of the orders passed by this Court.

The effect of attachment order passed by the learned Magistrate u/s 146(1) Code of Criminal Procedure is that the property is custodia legis for the time being. It will be released in favour of the party which will ultimately be found in possession. On the date of passing of the preliminary order or two months prior thereto.

Mr. Paul also argued, that the party which moved the learned Magistrate is guilty for having committed contempt of this Court. In my opinion, the interim order passed by this Court did not lay down any such condition nor the interim order prohibited or restrained the party from moving the learned Magistrate to take measures of prevention of breach of peace.

The learned Counsel for the Petitioners placed reliance on the case of Ram Sumer Puri Mahant Vs. State of U.P. and Others, , which lays down that when civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, initiation of parallel criminal proceedings u/s 145 Code of Criminal Procedure would not be justified. In this contempt proceedings, I am not judging the validity or otherwise of the proceedings initiated by the learned Magistrate u/s 145 Code of Criminal Procedure. In case, the Petitioners fell aggrieved by initiation of proceedings u/s 145 Code of Criminal Procedure, it is always open to them to challenge the same in accordance with law.

In my opinion no case is made out for initiating contempt proceedings against the Respondents. The application lacks merits and is, accordingly rejected. Notices issued to the Respondents are hereby discharged. There will be no order as to costs It is needless to mention that any observation made by me in this order, is only for the purpose of deciding this contempt application and will have no bearing on the writ petition.