MULTIPURPOSE CO OPERATIVE SOCIETY SALMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in C. W. J. C. No. 1287 of 1983 and C. W: J. C. No. 1617 of 1983 although described in one as the Multipurpose Co-operative Society, Salmari and the other as Primary Krishi Sakh Sahyog Samiti, Salmari is one and the same. In C.W.J.C. No. 1287 of 1983, it is represented by Md. Majibur Rahman, one of its executive members. In C.W.J.C. No. 1617 of 1983, it is represented by its Chairman. Facts and the reliefs are almost the same and the five respondents are common to both the application including the 5th respondent, Shambhu Dayal Patvari. As the disposal of one will conclude the other, these applications have been heard together and are being disposed of by a common judgment.

(2.) The petitioner, as the Primary Krishi Sakh Sahyog Samiti, satisfies the definition of a Multipurpose Co-operative Society. There is no dispute to the fact that the society shall be entitled to a preferential claim along with the Gram Panchayat for settlement of Hats, Bazars and Melas which do not come within the purview of Section 7A, 7B and 7C of the Bihar Land Reforms Act. The Anchal Adhikari, Azamnagar, in the district of Katihar, on 16-2-1983, accordingly, ordered for issuing notices to the Gram Panchayat and the Multipurpose Co-operative Society (the petitioner) stating that settlement of the Hat would be made on 3-3-1983 for the year 1983-84 and the Co-operative Society should appear with the resolution of its executive committee and a clear recommendation of the District Co-operative Officer, Katihar, that settlement should be made with the society on the fixed jama. The Additional Collector, Katihar, had already determined the fixed Jama amount at Rs. 11,674.00 vide his letter No 195/R dated 2-2-1983. On 3-3-1983/14.3.1983, the second respondent recorded in the order-sheet that service report of the public notice had been received but no application was filed either by the Gram Panchayat or by the Co-operative Society. He called for the settlement by a public auction in which three persons participated. The 5th respondent was the highest bidder. The bid amount being Rs. 14,000/- only, half of the bid amount being Rs. 7,000/- was deposited by him vide NR No. 425281 dated 3-3-83. The Anchal Adhikari sent the records to the Deputy Collector in-charge, Land Reforms for acceptance of the bid. The order-sheet of Salmari Hat settlement record No. 1/83-84 is Annexure 1 to C.W.J.C. No. 1287 of 1983 and Annexure 2 to C.W.J.C. No. 1617 of 1983.

(3.) C.W.J.C. No. 1287 of 1983 was placed before a Bench of this Court on 25-3-1983. On that date this Court ordered to place the case for admission on 8-4-83. It further directed that no further steps in pursuance of the auction dated 3-3-1983 would be taken and the petitioner would be entitled to hold the Hat on 4th April, 1983 on its depositing in the court Rs. 300/- by 1st of April, 1983. The petitioner complied with the order of this Court by depositing on 31-3-1983 a sum of Rs. 300/- but the Anchal Adhikari (the 4th respondent) ignored the order of this Court and when the petitioner wanted to hold the Hat on 4-4-83, one Sushil Kumnr Singh, Inspector of Police in charge, Salmari Out-post Police Station, Azamnagar, the Anchal Adhikari, Azamnagar, the Block Development Officer, Azamnagar and one Rajkumar Ojha, an Assistant Sub-Inspector of Salmari outpost, P.S. Azamnagar, took Majibur Rahman, an executive member representing the petitioner in C.W.J.C. No. 1287 of 1983, in custody. A petition for starting a proceeding for the disobedience of orders of this Court was filed being M. J. C. No. 200 of 1983. Alleged, recalcitrant respondents were noticed to show cause as to why they be not punished for contempt of this Court. I shall, however, deal with the issue of contempt separately.