NARENDRA NATH TIWARI, J. - (1.) BY petition filed under Order XXXIX Rule 2A of the Code of Civil Procedure read with Section 10 of the Contempt of Courts Act, the petitioners have prayed for initiating a proceeding against the opposite parties and punishing them for violating the order of status quo dated 31st October, 1991 and 28th September, 1992 passed in F.A. Nos.145, 82, 54, 55 and 146 of 1990(R) and C.R. No.413 of 1992(R), respectively, and for directing them to demolish the construction made in violation of the above said orders of this Court.
(2.) THE facts germane to this case, in brief, are as follows: (i) Against the judgment and decree passed by the Trial Court, several first appeals were filed, being F.A. Nos.145, 82, 54, 55 and 146 of 1990(R), by the appellants/petitioners. (ii) With the consent of the parties, those appeals were grouped for analogous hearing. (iii) During pendency of the said appeals, a petition for grant of temporary injunction was filed by the petitioners. (iv) By order dated 31st October, 1991, F.A. No.145 of 1990(R) and analogous appeals were admitted for hearing. Injunction petition was also taken up, of which the counsel for the respondents accepted notice. 19th November, 1991 was fixed for hearing on injunction matter. Learned counsel appearing on behalf of Respondent Nos.2 to 6 asserted that no construction is being made by the Respondent Nos.2 to 6. (v) In that view thereof, on 31st October, 1991 this Court had passed the following order: "5. 31.10.91 It appears that arising out of the same judgment, these first appeals have been filed. With the consent of the parities, these first appeals shall be heard analogously. Mr. Lal accepts notice on behalf of the respondent nos.2 to 6 and files his wakalatnama and states that he will file a counter affidavit within two weeks from today. The learned G.P. No.1 accepts notice on behalf of the respondent no.7. He will also file the counter affidavit, if any, within two weeks from today. The injunction matter shall be finally heard on 19th November, 1991. Mr. Debi Prasad states that no construction is being made by the respondent no.2 to 6 at the present and in this view of the matter, no interim order of injunction is required to be passed at this stage. Status quo in relation to the lands in question shall be maintained by all the parties concern. The learned counsel for the respective parties shall serve their respective memos of appeal within one week from today.  (vi) One revision was also filed by the respondents in this Court in the said matter, which was registered as Civil Revision No.413 of 1992(R). (vii) By order dated 28th September, 1992, the said revision was admitted for hearing and in the meantime, both the parties were directed to maintain status quo in relation to the decretal premises. (viii) The instant case is concerned with the order dated 31st October, 1991 passed in F.A. No.145 of 1990(R), in which the suit land appertains to Khata No.25, Plot No.27 of Mauja Parasnath Hill. (ix) According to the petitioners in spite of the order of status quo the opposite parties by forming a Committee, namely, Sri Digambar Jain Sammedachal Vikas Committee, consisting of Opposite Party Nos.13 to 19, being office bearers, with the Opposite Party Nos.1 to 12, who were defendants in Title Suit No.10 of 1967 and plaintiffs in Title Suit No.23 of 1968, started making construction at Choprakund near Gautam Swami Tank over the land, which was the subject matter of the said suit. (x) Their retained lawyer informed the Divisional Forest Officer, Giridih and requested him to take action, as the forest of Parasnath Hill is being managed by the Forest Department in terms of the agreement between the State of Bihar and the petitioners. The matter was also reported to the Superintendent of Police and the Deputy Commissioner in writing on 20th April, 1996, but they refused to take any action on the plea that they are not parties to the order of status quo. (xi) Thereafter, an F.I.R. was lodged with Pirtand Police Station on 22nd April, 1996, but no action was taken. (xii) The Range Officer of Parasnath Range, after holding local inspection of the site, reported the matter to the Divisional Forest Officer, Giridih and also wrote to the Deputy Commissioner and the Superintendent of Police, Giridih to provide police force to stop the illegal construction, as informed. (xiii) The Divisional Forest Officer/Range Officer filed a case before the Chief Judicial Magistrate, Giridih, being Case No.8(P) dated 30th April, 1996, under Section 33 of the Indian Forest Act, Section 2 of Conservation of Forest Act and Section 17A of Wild Life Protection Act and also initiated a proceeding under Section 66A of the Indian Forest Act, 1972. (xiv) According to the petitioners, Title Suit No.10 of 1967 was a representative suit and all the members of Digambar Jain Sect are bound by the order passed in the said suit as also in the appeal filed in this Court. The State of Bihar (as then was) was also a party in the suit and the appeal, the officers of the State of Bihar were also bound by the order passed by this Court. But the Deputy Commissioner and the Superintendent of Police in connivance of the opposite parties did not take any action. (xv) The opposite parties have violated the Courts orders dated 31st October, 1991 and 28th September, 1992, as stated above, they are liable for suitable punishment under the Contempt of Courts Act for violation of the order to maintain status quo. In support of the said allegations and contentions, the petitioners have brought on record the letters written by the petitioners lawyer to the Divisional Forest Officer, Giridih, informing about the alleged construction (Annexure3); letter written to the Superintendent of Police and Deputy Commissioner, Giridih (Annexure4); letters written by the Divisional Forest Officer, Giridih to Deputy Commissioner and Superintendent of Police, Giridih for providing police force (Annexures6 and 7); wireless message sent by the C.M. Secretariat, Bihar, Patna (Annexure8); Diary No.285 dated 11th November, 1991 (Annexure9); letter written by the Circle Officer, Pirtand to Sub Divisional Officer, Giridih (Annexure10); wireless message by Superintendent of Police to Officer -in -charge, Pirtand Police Station (Annexure11); wireless message by Sub Divisional Officer to Officer -in -charge, Pirtand Police Station (Annexure12); letters sent by Superintendent of Police to Officer -in -charge, Pirtand Police Station (Annexure13); letter written by Assistant Sub Inspector of Police, Pirtand to Superintendent of Police (Annexure14); letter written by Superintendent of Police to Officer -in -charge, Pirtand Police Station (Annexure15); letter issued by the Deputy Commissioner to Superintendent of Police (Annexure17); and wireless message by Superintendent of Police to Officer -in -charge, Pirtand Police Station (Annexure18).
(3.) IT is relevant to mention here that initially 19 persons, who happen to be the office bearers of Bharat Varsiya digambar Jain Tirtha Kshetriya Committee, and local persons were representing the Digambar Jain Committee of India. The said office bearers and members of Sri Digambar Jain Sammedachal Vikas Committee, Madhuban, Giridih and the Deputy Commissioner, Giridih were arrayed as opposite parties.;