Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2634 of 2021 Applicant :- Anand Bahadur Pal Opposite Party :- Sri Anand Shrinet, Sub Divisional Officer And 2 Others Counsel for Applicant :- Jitendra Kumar Srivastava
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and perused the record.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971 violation of the order dated 21st September, 2019 passed by Sub Division Officer, Tehsild- Bhanpur, District- Basti dismissing the suit of partition is complained of.
From the perusal of the order dated 30th June, 2021 it is clear that this order has been passed by the Sub Divisional Officer in his administrative capacity and the order which was directed for dismissal of the suit was a judicial proceedings. There can be said to be violation of the order provided there is a stay order and mere dismissal of the suit does not amount to stay. The authority in judicial capacity dismissed the suit and then in administrative capacity has granted permission for construction over disputed property and so such an act can never by any stretch of imagination be interpreted as an order amounting to contempt.
In such above view of the matter, therefore, the contempt application is considered to be thoroughly misconceived and is consigned to records.
Liberty always rests with the applicant to challenge the order of the Sub Divisional Officer in appropriate proceedings at appropriate forum.
Order Date :- 28.7.2021 Atmesh