K.D. Sharma, J. - (1.) Pema Ram and Bhagwana Ram have applied to this Court under Xfor initiation of contempt proceedings against Shri Fateh Singh Charan, Sub-Divisional Magistrate, Hanumangarh on the ground that the Sub Divisional Magistrate wilfully disobeyed the orders of this court passed in S. B. Criminal Revision No. 67/1975 (Pemaram on the another v. Bhagirath and another)-on 10th Aug., 1976 and again attached the land in dispute although its possession had been delivered to the petitioners on 17.4.74. by the Receiver
(2.) A notice of the application for contempt was given to Shri Fatehsiagh Charan to show cause why he should not be punished for contempt of this Court. In response to the show cause notice, Shri Fatehsingh Charan tendered an unconditional apology to this Court and submitted certain facts for clarification. He admitted in his reply that the possession of the land in dispute had been handed over to the petitioners by the Receiver in compliance of the final order passed by the Sub-Divisional Magistrate, Hanumangarh on 26.2.74 declaring the possession of the petitioners over the disputed land at the relevant time. But according to him, the Receiver did not send a report regarding delivery of possession to the Sub-Divisional Magistrate. Hence, in the absence of any such report of the Receiver, the Sub-Divisional Magistrate i.e. he attached the land in dispute in compliance of the order of this-court dated 10th August., 1976, which reads as follows:- If the possession of the land is not delivered to any party, the land shall remain under attachment till a fresh final order is passed by the Sub-Divisional Magistrate."
(3.) Mr. Fateh Singh Charan further submitted that when he came to know about the fact that the land has been wrongly attached and the petitioners were deprived of their peaceful possession, he vacated his order dated 30.11.76 and released the land from attachment.;