Dhrub Narayan Upadhyay, J. - (1.) I .A. No. 8978 of 2013 has been filed by the respondents to initiate proceedings under Sections 11 and 12 of the Contempt of Courts Act against General Manager, Kathara, CCL for wilfully and deliberately violating the order dated 12.11.2013, passed by this Court in the appeal.
(2.) IT is contended that on 28.10.2013 report from Nazir, Civil Court, Bermo at Tenughat, Bokaro was called for in respect of Delivery of Possession in connection with Execution Case No. 13 of 2008 and at the same time it was also ordered: "It is made clear that status quo as is existing today shall be maintained till submission of the report" The report so submitted indicate that process for delivery of possession in view of the decree passed, has been started and the decree holder has been handed over possession of certain plots as disclosed in the report. After receipt of report from the Nazir, Civil Court, Bermo at Tenughat, Bokaro, the order dated 12.11.2013 has been passed directing the parties to maintain status quo as it was on 28.10.2013. It was revealed from the report of Nazir, Civil Court, Bermo at Tenughat, Bokaro that till 28.10.2013 delivery of possession with regard to 30 Plots have been given to decree holders and details of plots delivered found mentioned in the report. It was ordered. "Rest plots mentioned in the writ of delivery of possession shall not be given to the decree holder till further order and the status quo shall be maintained as it was on 28.10.2013 and the judgment debtor shall not disturb the possession of decree holder with regard to the plots already delivered to them." The respondent has submitted that order dated 28.10.2013 passed by this Court was brought to the notice of the Officer Incharge and other administrative officers of the Sub Division, but the appellant did not honour the order and wilfully violated the same. Till 24.10.2013, the delivery of possession with regard to 30 Plots have been given but the respondents in utter violation of order dated 12.11.2013, have been forcibly using the land with the help of armed security guard. In support of his contention the respondents have also annexed photographs as Annexure -R/ -V Series. It was submitted that the respondents and their family members are not being allowed to go to the plots which have already been delivered to them. The armed guards of the CCL used to openly say that they would be shot if they dare to come to the land in question. The counsel appearing for the respondents has brought to the notice of this Court that the appellant filed I.A. No. 8810 of 2013 on 10.12.2013 under Order XXXIX Rules 1 and 2 read, Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure for grant of injunction and that goes to show that the appellants are using the plots already delivered to the respondents and now they want injunction to legalise the illegal act committed by them.
(3.) THE appellants being a Central Government Undertaking Company, are flouting the order of this Hon'ble Court and the poor persons like the respondents are being harassed and, therefore, appropriate action to maintain dignity of the Order of this Court is liable to be taken and proceeding under Contempt of Courts Act be initiated against General Manager, Kathara, CCL.;