Ganesh Rabidas vs State Of Jharkhand

Anubha Rawat Choudhary, J

Learned counsel for the parties are present.

This contempt petition has been filed alleging non-compliance of order dated 02.02.2023 passed in W.P.(C) No. 1991 of 2012 in which altogether 16 petitioners were present.

Learned counsel for the petitioners has submitted that the order passed by this Court has not been complied and in spite of availability of land, the writ petitioners have not been provided the required settlement as per the scheme meant for upliftment of SC/ST/BC and the order passed by this court has not been complied.

Learned counsel for the opposite parties has submitted that a supplementary show-cause has been filed giving the details of the land which is either under settlement or under encroachment by one or the other person and the alleged encroachers have filed a writ petition before this Court being W.P.(C) No. 6417 of 2023 wherein a stay order has been passed on account of which no land is available as of now for settlement. She has submitted that once the stay order is vacated in W.P.(C) No. 6417 of 2023, appropriate steps will be taken for the purpose of granting relief to the petitioners who are found entitled.

Learned counsel for the petitioners has opposed the submission and has submitted that the facts have not been correctly projected in the show-cause and he submits that the land is available for the purposes of granting relief to the petitioners.

Afte hearing the learned counsel for the parties this court finds that the nature of order passed by this Court in the writ petition reflects that the petitioners were granted liberty to file separate representations before respondent no. 4 who was to look into the grievance of each of the petitioners and pass reasoned order. This court finds that as per the show-cause, interalia, on account of the interim orders passed by a coordinate Bench of this Court in W.P.(C) No. 6417 of 2023 which has been filed on behalf of the alleged encroachers, the allotment is not being made to the petitioners. It has also been submitted that once the stay order is vacated in W.P.(C) No. 6417 of 2023, appropriate steps will be taken for the purpose of granting relief to the petitioners who are found entitled.

Considering the aforesaid facts and circumstances, this Court is of the view that the opposite parties cannot be said to have willfully and deliberately violated the orders of this Court and accordingly, this Court is not inclined to proceed any further in this contempt proceedings which is hereby dropped.