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2026 DAILYLAW 22355 (JHR)

MUKTA AGARWAL v. THE STATE OF JHARKHAND

Cont.(Cvl)/1248/2025 · 2026-07-31

Rajesh Shankar

Writ Petition (Civil)body2026

Judgment text

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Neutral Citation No.(2026:JHHC:22659) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No.1248 of 2025 With I.A. No.10646 of 2026 ----- Mukta Agarwal, W/o Late Rajesh Agarwal, R/o-7/1A/1, Dr. U.N. Brahmachari Street, P.O. and P.S. Shakespeare Sarani, Circus Avenue, S.O., Circus Avenue, Kolkata (West Bengal). .......... Petitioner. -Versus- 1. The State of Jharkhand 2. Sri Haldhar Kumar Shetty, Circle Officer, Koderma. .......... Opp. Parties. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Amit Kumar, Advocate [Through V.C.] For the O.Ps. : Mr. Sahbaj Akhtar, AC to AAG-III ----- Order No.07 Date: 31.07.2026 1. The present contempt application has been filed for initiation of contempt proceeding as against the Opposite Party No.2 alleging wilful violation of the order dated 6th March, 2025 passed by this Court in W.P.(C) No.276 of 2025. 2. Reference may be made to the order dated 24th July, 2026, 2026, which reads as under: “1. Mr. Binit Chandra, learned A.C. to A.A.G.-III submits that I.A. No.9832 of 2026 has inadvertently been filed on behalf of the Deputy Commissioner, Koderma, who is not an opposite party in this case. He, accordingly, does not press the said I.A. 2. Considering the said submission, the I.A. No.9832 of 2026 is disposed of as not pressed. 3. Reference may be made to the order dated 19th June, 2026, which reads as under: - “1. On perusal of the record, it appears that vide order dated 8th May, 2026 the opposite party no.2 was granted four weeks’ time by way of last indulgence to file compliance affidavit bringing on record a fresh order to be passed by the said opposite party in actual compliance of the order dated 6th March, 2025 passed in W.P.(C) No.276 of 2025. 2. No compliance affidavit has been filed on behalf of the said opposite party. Neutral Citation No.(2026:JHHC:22659) 3. Under the said circumstance, the opposite party no.2 is directed not to draw his monthly salary till further orders of this Court. 4. Let a copy of the order be communicated to the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi to ensure that the opposite party no.2 does not draw his salary till further orders of this Court. 5. Moreover, the opposite party no.2 is also directed to remain physically present before this Court on the next date fixed. 6. Put up this case under the heading “For Orders” on 24th July, 2026.” 4. In compliance of the aforesaid order of this Court, the O.P. No.2 was required to remain physically present before this Court today. However, he has not physically appeared before this Court. 5. Though a show-cause affidavit has been filed on behalf of the O.P. No.2, however, he has not appeared before this Court despite a clear direction issued to the said opposite party vide order dated 19th June, 2026. This conduct of the O.P. No.2 is viewed seriously. 6. Accordingly, let a bailable warrant be issued against the O.P. No.2 to be executed through the Officer-in-Charge of the Koderma police station. On execution of the said warrant, the O.P. No.2 shall be released on furnishing a personal bond before the said Officer-in-Charge stating that he shall physically remain present before this Court on the next date fixed. 7. Put up this case under the heading “For Orders” on 31st July, 2026. 8. The O.P. No.2 shall ensure his presence on the said date and file an affidavit stating that he has not drawn his salary in compliance of order dated 19th June, 2026.” 3. Pursuant to the order dated 24th July, 2026, Mr. Ravi Bhoosan Prasad, Circle Officer, Koderma (the O.P. No.2) is physically present before this Court. 4. Mr. Sahbaj Akhtar, learned A.C. to A.A.G.-III while referring to paragraph nos.6 and 7 of I.A. No.10646 of 2026, submits that the O.P. No.2 could not physically appear before this Court on the last date due to the confusion bearing in the online details of the case. The extent of confusion bearing in the online Neutral Citation No.(2026:JHHC:22659) system has been explained in the said paragraphs of I.A. No.10646 of 2026. 5. Mr. Akhtar also refers to paragraph nos.7 and 8 of the show- cause affidavit dated 31st July, 2026 filed on behalf of the O.P. No.2 giving the same explanation. 6. As regards the compliance with respect to this Court’s order dated 19th June, 2026 passed in the present contempt case restraining the O.P. No.2 from drawing his monthly salary, in paragraph no.13 of the said show-cause affidavit, it has been stated that the O.P. No.2 has not drawn his monthly salary pursuant to the order dated 19th June, 2026. 7. This Court, having considered the explanation of O.P. No. 2 in I.A. No. 10646 of 2026 and finding the same to be satisfactory, accepts the same. 8. I.A. No.10646 of 2026 stands disposed of. 9. So far as compliance of the order dated 6th March, 2025 passed in W.P.(C) No.276 of 2025 is concerned, Mr. Akhtar refers to the copy of the order dated 13th July, 2026 passed by the O.P. No.2 in Misc. Case Record No.31 of 2026-27 (Annexure-A to the show-cause affidavit dated 22nd July, 2026) and submits that after considering the petitioner’s claim for issuance of rent receipt for the land in question, the same has been rejected. It is, thus, submitted that the O.P. No.2 has now complied the aforesaid order of this Court. 10. Mr. Amit Kumar, learned counsel for the petitioner, submits that the petitioner’s claim for issuance of rent receipt for the Neutral Citation No.(2026:JHHC:22659) land in question has erroneously been rejected by the O.P. No.2 vide order dated 13th July, 2026. 11. Be that as it may. Since the O.P. No.2 has now complied the order dated 6th March, 2025 passed in W.P.(C) No.276 of 2025, there is no need to procced further in the present contempt matter. The contempt proceeding as against the O.P. No.2 is, hereby, dropped. 12. Accordingly, the order dated 19th June, 2026 passed in the present contempt case, whereby the O.P. No.2 was directed not to draw his monthly salary is recalled. 13. The contempt application is, accordingly, disposed of. 14. The petitioner is, however, at liberty to take appropriate recourse as permissible under law against the order dated 13th July, 2026 passed by the O.P. No.2 in Misc. Case Record No.31 of 2026-27. (Rajesh Shankar, J.) 31st July, 2026 Rohit/ Uploaded on 31.07.2026