Jyotirmoy Mondal v. Surinder Singh And ORS

02.02.2023 Sl. No.15(DL) srm CPAN 1206 of 2022 In W.P.A. No. 18577 of 2021 Jyotirmoy Mondal

Versus

Mr. Surinder Singh & Ors.

Mr. Probal Sarkar ...for the Applicant.

The writ petition had been filed alleging police inaction. Having found that civil suits and proceedings before the learned Land Reforms and Tenancy Tribunal were pending between the private parties and they were fighting over their right, title and interest in respect of a vested land, this Court had directed the police authorities to maintain peace and keep a vigil so that the order of status quo passed by the civil court was maintained.

This contempt application has been filed with the averments that the private parties who are the adversaries in the civil suit, are disturbing the applicant. The jurisdiction of contempt is limited. The Court does not find that the police authorities have deliberately and wilfully violated the order of this Court. The standard of proof of a contumacious act, is similar to that of a criminal

offence. Deliberate violation has to be proved beyond reasonable doubt. In this case, the police authorities have complied with the order of the Court. The Court does not find any contempt.

As this Court had found that the applicant was already armed with an order of status quo, the remedy of the petitioner would be to approach the learned civil court seeking directions for implementation of the order, by filing an appropriate application.

As such, the contempt application is disposed of without any orders. The contempt proceedings are dropped. (Shampa Sarkar, J.)