- (1.) This is a petition for contempt alleging non-compliance of the order, pronounced on 1.8.2007 passed in L.P.A. No. 430 of 1999(R), whereby a Division Bench this Court had ordered that the competent authority shall commence the enquiry by strictly following the provisions of the Act and finish the said enquiry within a period of six months from the date of receipt/production of a copy of the order. The Division Bench had further observed that as the competent authority itself admitted that in pursuance of the order dated 1.10.1992, the authority took possession of the land on 18.11.1992, which was reflected in the order dated 23.11.1992, it would be appropriate to deliver the possession of the land in question to the appellants, who are admittedly the land owners, without any delay. The appeal, thus, had been allowed, in view of the aforesaid order.
(2.) This petition for contempt, therefore, hoi been filed by the petitioners who were respondents in the appeal alleging that the competent authority is not proceeding with the enquiry and they have also committed contempt by not delivering back the possession of the lard in question to the appellants/petitioners in this contempt petition.
(3.) On a plain reading of the impugned judgment, it can be instantly noticed that the respondents have failed to comply with the order passed by the Division Bench. However, this position was explained by learned Counsel for the respondents - Mr. A.K. Mehta, who submitted that toe respondent - Ranchi University, had preferred an appeal by way of a Special Leave Petition before the Hon'ble Supreme Court, bearing S.L.P. (C) No. 10175-10176 of 2008. The said S.L.P. although was dismissed, it was observed therein that the competent authority will hear the dispute of the matter, in accordance with (sic), within a period of four months, from the date of the order, passed by the Hon'ble Supreme Court. However, it was further ordered fiat during pendency of the enquiry, by the competent authority, the petitioners will not be dispossessed, Obviously, this order had the effect of confirming the order, passed by the Division Bench wherein it was ordered that the possession of the disputed land be delivered back to the applicants herein and protection was also clearly granted in favour of the petitioner/respondents herein - Ranchi University to retain possession during pendency of the enquiry. Thus, it is clear that the order passed by the Division Bench impliedly got modified when protection was granted by the Hon'ble Supreme Court not to disturb the possession of the Ranchi University from the land in question.;