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MRITYUNJOY DAS AND ANR. vs. SAYED HASIBUR REHAMAN AND ORS.

SCR Citation: [2001] 2 S.C.R. 471
Year/Volume: 2001/ Volume 2
Date of Judgment: 16 March 2001
Petitioner: MRITYUNJOY DAS AND ANR.
Disposal Nature: Petition Dismissed
Neutral Citation: 2001 INSC 151
Judgment Delivered by: Hon'ble Mr. Justice U.C. Banerjee
Respondent: SAYED HASIBUR REHAMAN AND ORS.
Case Type: CONTEMPT PETITION (CIVIL) /471-481/471
Order/Judgment: Judgment
1. Headnote

Contempt of Courts Act, 1971: Section 2(b).

Contempt Petition-SLP filed before Supreme Court by members of Sangha against the judgment of High Court pertaining to constitutionality of certain provisions of West Bengal Land Amendments Act of 1981 and 1986- Interlocutory application filed seeking maintenance of status quo in respect of the land in question till the disposal of the SLP-Supreme Court ordered status quo regarding possession of land in connection with the members of Sangha who were before the High Court in the writ petition out of which present proceedings arose-Subsequently, Supreme Court directed that any vesting order passed in respect of lands of the members of Sangha who were before the High Court should not be implemented until further orders-Revenue Officer ordered handing over of possession of land in respect of those petitioners who were not members of Sangha on the date of filing of writ petition before High Court-Held: Exercise of powers under the Contempt of Courts Act has to be rather cautious and used sparingly-There is a doubt whether Supreme Court's order covered only those petitioners who were members of the Sangha on the date of filing of writ petition before High Court or it covered all the members presenting the petition before Supreme Court-Hence, benefit of doubt given to alleged contemnors-Contempt petition dismissed.

A Special Leave Petition (SLP) was filed before this Court by members of a Sangha against the judgment of the High Court pertaining to constitutionality of certain provisions of the West Bengal Land Reforms Amendment Act of 1981 and 1986. An interlocutory application was filed before this Court seeking maintenance of status quo in respect of the land in question till the disposal of the SLP. This Court ordered status quo regarding possession of land in connection with the members of the Sangha who were before High Court in the writ petition out of which the present proceedings arose. Subsequently, this Court directed that any vesting order passed in respect of lands of the members of the Sangha who were before the High Court should not be implemented until further orders.

The Revenue Officer passed an order directing handing over of possession of land in respect of those petitioners who were not members of the Sangha on the date of filing of the writ petition before the High Court. Hence this Contempt Petition.

On behalf of the petitioners it was contended that the order of this Court covered all members of the Sangha presenting the petition before this Court.

On behalf of the respondents it was contended that the order of this Court covered only the members of the Sangha who were before the High Court.

Dismissing the petition, the Court.

2. Case referred
3. Act
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4. Keyword
  • Contempt Petition-SLP