Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6267 of 2019 Applicant :- Ashok Kumar Opposite Party :- Sanjay Kumar And 3 Others Counsel for Applicant :- Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 19.7.2018 passed in Writ-C No. 24266 of 2018 (Ashok Kumar Vs. Commissioner Varanasi Mandal, Varanasi and others). For ready reference the order dated 19.7.2018 is quoted as under:-
"The grievance of the petitioner is that when on 12.12.2017 there was no Court then how the mutation entries were made. He raised this question before the Revisional Court also but the Revisional Court without addressing this issue dismissed the Revision.
If what the petitioner is saying is correct, then it was highly improper that the order dated 12.12.2017 was passed. What the petitioner is saying is also corroborated by the Question and Answer at page 32 of the writ petition.
Learned Standing Counsel appears for respondent nos.1, 2 and 3. Sri Manoj Kumar Yadav appears for respondent no.3-Gaon Sabha. Issue notice to respondent nos.5 to 8 by registered post. Steps may be taken within ten days.
Respondents may file their counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition on the date fixed in the notice.
Till the next date of listing, status-quo, as on date, shall be maintained."
By means of this contempt application, it is alleged that opposite parties have wilfully tried to enter into the dwelling unit of the applicant and as such, interim order passed by this Court has been deliberately flouted.
The Court has proceeded to peruse the record in question alongwith revenue record appended with this application. Needless to say that the matter relates to agricultural land and regarding that, applicant has also proceeded to lodge first information report against the opposite parties. The Writ Petition is pending consideration till now before the Writ Court. In such view of the matter, this Court finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
The Application is accordingly dismissed. However, dismissal of present application would not preclude the applicant to agitate his claim before the appropriate forum.
Order Date :- 26.9.2019 Jaswant