A bonafide calculation error in paying dues, accompanied by an apology and corrective action, does not constitute the 'willful disobedience' required for contempt proceedings, particularly when the underlying court order is declaratory rather than mandatory.

Order on Board

Heard.

2. Present petition has been preferred by the petitioners under Article 227 of the Constitution of India calling in question the legality and correctness of the order dated 09.01.2026 passed by the learned First Civil Judge, Class-I, Mahasamund in MJC No. S-04/2025 whereby the application filed by the petitioners under Section 12 of the Contempt of Courts Act, 1971 has been rejected.

3. Learned counsel appearing for the petitioners submits that the petitioners had instituted Succession Case No. S-15 of 2021 before the learned First Civil Judge Class-I, Mahasamund seeking grant of Succession Certificate on account of death of one Kuleshwar, who was a Trackman in the Railway Department and has died in harness on 09.12.2010. It is submitted that in the said proceedings, the respondents/Railway authorities contested the claim, however, the trial court vide order dated 24.01.2023 declared the petitioners to be the legal successors of the deceased Kuleshwar.

4. He further submits that upon enquiry, the Railway authorities had informed the petitioners that a sum of Rs. 4,87,204/- was payable towards the departmental dues of the deceased. However, despite issuance of the succession certificate, the said amount was not paid in full. Subsequently, the respondents took a stand that only an amount of Rs. 2,81,035/- was payable and that the remaining amount was not due which according to the petitioners is contrary to their earlier communication.

5. On the aforesaid premise, the petitioners preferred an application under Section 12 of the Contempt of Courts Act, 1971 alleging willful disobedience of the order dated 24.01.2023 and making false submissions before the learned trial court as well as the non-payment of the entire amount of Rs. 4,87,204/- as per the Succession Order dated 24.01.2023. The said application, however came to be dismissed by the learned trial court holding that no case of contempt is prima facie appears to be made out, which order is under challenge in the present petition.

6. Per contra, learned counsel appearing for the respondent/UOI, appears on advance copy and submits that the order dated 24.01.2023 passed in the succession proceedings is merely declaratory in nature, declaring the petitioners as legal heirs of the deceased Kuleshwar and does not contain any specific direction for payment of any particular amount. It is further submitted that due to a bonafide calculation error, an incorrect amount was initially communicated, which was subsequently rectified and appropriate departmental action has also been initiated against the erring officer of the respondent. Therefore the learned trial court has rightly considered that no contempt is made out against the authorities. He further submits that even otherwise, assailing the order dated 09.01.2026 whereby the application seeking initiation of contempt proceedings has been dismissed, the same is not maintainable and therefore the same is liable to be dismissed.

7. I have heard learned counsel for the parties and perused the material annexed with the petition.

8. The present contempt proceedings arise out of the order dated 24.01.2023 passed by the learned First Civil Judge Class-I, Mahasamund in Succession Case No. S-15/2021. A plain reading of the said order reveals that the same merely declares the petitioners as legal heirs of the deceased Kuleshwar and entitles them to receive the dues, quantified at Rs. 4,87,204/-. However, there is