Decided on August 14,1992



S.Chatterji J. - (1.)THIS court has found, times without number, that there is no form for execution of the judgment in the writ proceeding excepting filing of the applications for contempt. There is a misgiving in the minds of the litigants that a large number of contempt applications being filed, the Courts are touched to penalise the litigants. They have no other alternative but to seek reliefs from the court for the purpose of execution of the orders passed in the writ proceedings. These misgivings, misunderstandings and misconceptions should be dispelled. In this Court, a writ petition was allowed and the judgment was made on 3rd July, 1991. It is submitted that an appeal was preferred and the appeal bas since been disposed of in terms of the judgment dated 29th April, 1992 by a Division Bench of this Court, a contempt petition was filed. THIS Court, instead of issuing a Contempt Rule, gave liberty to the contemners to come to this Court to explain their position as to whether there was any bar or impediment to comply with the Court's order, or there was any difficulty. It is not appreciated by this Court as to why, in spite of giving three specific opportunities, none of the contemners appeared before this Court, nor the matter was explained, nor it was brought to the notice of this Court as to whether there is any difficulty in compliance with the judgment of the Court. Lastly, by an order dated 24th January, 1992, this Court recorded the entire background of the case and issued a contempt Rule commanding the personal appearance of the Contemner nos. 1 to 4. It transpires that the contempt Rule has been issued against Sri Asoke Chatterjee, Secretary, Department of Land and Land Reforms, Writers' Buildings, Calcutta, Sri S. N. Ray, Secretary, Department of Finance, Government of West Bengal, and Sri A. K. Singh, Collector, Hooghly, as well as Sri Asoke Chatterjee, Member, Board of Revenue, Writers' Buildings, Calcutta. Sri Asoke Chatterjee and Sri S. N. Roy have appeared in person today. It is submitted that steps have been taken to comply with the judgment and there is concurrence of the findings. A formal order would be issued immediately. THIS Court finds that these contemners, who have got no personal animosity to violate the Court's order, are the victims of circumstances as there was no proper communication. It is for the contention who hold high positions to see that the department concerned and/or the machinery should act properly, so that the orders of the Court are properly brought to the notice of the responsible officers concerned for the purpose of implementation, or to represent before the Court as to their difficulties in not implementing the orders in the proper perspective. THIS Court has to direct everybody just to appreciate the rights and duties of all the litigant and the government agency to take effective steps to implement the judgment of the Court. There should not be any misgivings and misunderstanding between this Institution and any official, high or low he may be. Everybody has to come to this court not to beg justice but to demand justice. THIS court has to dispense justice independently, impartially and impassionately. THIS image should be appreciated by all concerned. THIS Court finds that the contemners who are present in court must have realised the communication gap caused in the instant case since they have submitted that the judgment of the court is being implemented and they have no reason to flout the orders of the Court. THIS Court expects that they should go back to their respective offices and will not sit tight over the matter and consign the same to cold storage, but will take effective steps to carry out the orders passed by this court; they will also take notice that henceforth any order parsed by this Court to communicate to them must be brought to their notice immediately, so that they can promptly take effective steps and they will file report within six weeks from the date as to what steps have been taken and how the matter will improve. Since it is submitted that a formal order of implementation is to be passed, the same should be made within a period of four weeks from today. Recording such, the matter is disposed of and the contempt petition is dropped accordingly. There will be no order as to costs. Let a xerox copy of this order be made available to the learned Advocates for the respective parties on their usual undertakings and upon compliance with necessary formalities. ..

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