Contempt proceedings should only be initiated for wilful disobedience of the judgment and decree of the Court, and not as a substitute for the execution proceeding.

1. Heard Mr. Najmul Hodda, learned counsel for the petitioner and learned Additional Advocate General No. 3, for the Opposite Parties.

2. The petitioner claims that contempt proceeding be initiated against opposite party-officials of the State Government for wilfully violating the judgment and decree dated 22.9.1998 passed by Munsif-II, Kishanganj in Title Suit No. 34 of 1996 and other orders passed pursuant to the same.

3. The case of the petitioner is that with respect to the property in question having an area of 1 katha 3 dhurs bearing old khata no. 551, old plot no. 177 of mauja Kasba Kutubganj he got filed a case as a Motwali of the Mosque for said land that the Municipal Survey Khatian had been published wrongly recording the name of the State of Bihar and other defendants in the year 1986. By the order under contempt dated 22.9.1998 the suit was decreed with cost under Order 8 Rule 10 CPC but without contest when it was declared that the Municipal Survey Khatian with respect to the suit land was wrong and the defendant-State of Bihar was restrained from making any disturbance in the peaceful possession of the plaintiff. The said judgment and decree was challenged by the State of Bihar by filing Title Appeal No. 52/1999 but the same was dismissed by order dated 13.9.2000 passed by the District Judge, Purnea on the ground that no limitation petition had been filed for condoning the delay on behalf of the appellants and no steps were being taken for prosecuting the said appeal., Thereafter the petitioner filed Title Execution Case No. 2/2003 and by order dated 29.5.2004, direction was given for issuing a writ for execution and the writ was to be returned by 12.6.2004 after execution of the order.

4. Learned counsel for the petitioner submits that despite the aforesaid judgment and decree of the Court the opposite parties have wilfully violated the same by putting up a lock over the said property contrary to the restraint order issued by the trial court. Learned counsel also sought to support the stand of approaching this Court while invoking its contempt jurisdiction by relying upon a decision of a Division Bench of this Court in the case of Indian Oil Corporation Limited through Chairman vs. Sheo Shankar Mishra: 1995(2) PLJR 875, in para-15 of which it has been laid down that pendency of the execution case is no bar to the initiation of the contempt. In the said circumstances, learned counsel submits that by not permitting the petitioner to exercise his rights duly declared by the Courts for the disputed land in question they have committed contempt and are still continuing with the same.

5. Learned Additional Advocate General No. 3 on the other hand, has referred to various statements made in the show cause and the documents annexed therein to press the only point that the present contempt application is misconceived and no action had been taken by the State authorities to assert their rights in defiance of the orders of the learned Munsif. In this regard it is pointed out by the learned Additional Advocate General No. 3 that after the said order had been obtained by the petitioner behind the back of the authorities, there was communal tension developed in the area which forced the District Magistrate, Kishanganj to convene a meeting of the respectable persons of both the communities on 1.6.2004 at 12.00 noon. The said meeting was also attended by the present petitioner and the admitted position has been stated to be that the dispute and communal tension had arisen on account of the petitioner starting construction over the said disputed land and the petitioner also agreed that he will not take any such action which will endanger the peace of the town and will do whatever is agreed upon by all concerned and will obey the orders of the Collector. In the minutes of the said meeting recorded by the Collector vide memo no. 843 dated 2.6.2004, it is stated that considering the law and order problem that had developed