Amitava Lala, J. - (1.) This is application for contempt for wilful disobedience and/or violation of the order dated 17th May, 2002 passed by this Court. In the original order the Writ Court observed that the nature of dispute cannot be sorted out in the writ petition which may affect the right, title, interest of the property of either of the parties. No question of the possession of the land can also be adjudicated. The Writ Court was pleased to pass a limited order of status quo as on that date till the date of filing the suit and making an interlocutory application by either of the parties before the appropriate Civil Court upon holding a view that such Court will be free to proceed with the matter and can be able to pass any interim order as against possession of the land without being influenced by the order of this Court. Such order was communicated on the very date of passing the same. According to the contemnor, one Sri Sukumar Dutta, Inspector-in-charge of the Nabadwip police Station on 19th June, 2002 locked the hotel and sealed it after obtaining signature of Pradhan, Anchal member of the Gram Panchayat and not Tatpar Maharaj purportedly to prevent breach of peace and loss of life and requested both the parties not to open the seal and enter unless order comes from the appropriate authority. He then made an application to the concerned Sub Divisional Officer on 21st June, 2002 to promulgate the order under Section 144 of the Criminal Procedure Code in the scheduled premises. Surprisingly, copy of such letter was forwarded to the learned Munsif, Nabadwip Court for necessary action. It appears that on 26th June, 2002 on the basis of the report of the Inspector-in-charge, an order of status quo was passed by the Executive Magistrate by initiating a suo motu proceeding under Section 144 of the Criminal Procedure Code. However on 8th July, 2002 a case of the petitioner initiated on 29th February, 2002 prior to filing of the writ petition was dropped. Surprisingly, on the basis of such order the keys of the hotel was handed over to one Sri Bani Ghosh without obtaining such leave from any Court.
(2.) Initially, the Court took cognizance of the matter but no formal Rule was issued only notice was served. However, as against the notice the contemnor became present before the Court and his personal presence was dispensed with until and unless further order or orders to be passed by this Court. Parties were directed to exchange their affidavits.
(3.) In the affidavit of the contemnor, he deposed that neither a copy of the petition was served upon him nor he was made a party to the writ petition. It was not known to him whether the writ petitioner was of possession of the hotel or there was an agreement for purchasing the hotel. He vitiated the hotel along with the police force on 19th June, 2002 and found that Sri Bani Ghosh is in possession of the said hotel and is running the same. On 19th June, 2002 at about 16.45 hours one Sri Tapas Ghosh, son of one Sri Bibhuti Bhusan Ghosh informed over telephone that a tension was prevailing in front of the hotel. One Sri Liptu Saha, son of one Sri Balaram Saha along with rowdies being armed with delay weapons were trying to evict Sri Bani Ghosh and his men from the hotel who had been running the same since last 3/4 months. So he arranged to lock the doors of the said hotel after taking the keys from Sri Bani Ghosh and locked all the doors and sealed the property after recording their presence as witnesses. He found that Sri Bani Ghosh was in possession. He took the keys from said Sri Bani Ghosh. To prevent breach of peace as well as loss of life he had taken steps to seal the hotel by taking keys from Sri Bani Ghosh. There is no question of handing over the keys to the applicants The keys have, however, already been handed over to Sri Bani Ghosh on 17th September, 2002 in the presence of local persons since the order was passed by the Executive Magistrate on 6th September, 2002 in respect of withdrawal of the proceeding by Sri Bani Ghosh. There was no bar to hand over the keys to him when he found that the situation became normal and there was no breach of peace.;