Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3462 of 2019 Applicant :- Bijendra Singh Opposite Party :- Sri Sanjai Mishra, Tahsildar ( Judicial) Counsel for Applicant :- Maithali Sharan Pipersenia
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri M.S. Pipersenia, learned counsel for the applicant and Shri K.R. Singh, learned Additional Chief Standing Counsel for the opposite party.
This Contempt Application has been filed alleging wilful disobedience of the order dated 14.11.2018 passed by this Court in Writ C No.37285 of 2018 filed by the applicant wherein the Court directed as under:-
"The petitioner is before this Court assailing the validity of the impugned order dated 23.10.2018 passed by the second respondent, Additional District Magistrate (Judicial), Gautam Budh Nagar as well as the order dated 14.8.2018 passed by the third respondent, Naib Tehsildar, Kasna, Tehsil Sadar, District Gautam Budh Nagar and for direction to the respondent no.3 not to proceed with the Mutation Case No.1015 (Bijendra Singh vs. Chandro Devi and others) under Section 34 of U.P. Revenue Code, 2006.
The matter requires consideration by this Court.
Learned Standing Counsel appears for respondent nos.1 to 3. Issue notice to respondent no.4 returnable at an early date. Step may be taken within a week. The respondents are accorded four weeks' time to file response in the matter. The petitioner will have one week thereafter to file rejoinder affidavit. List immediately thereafter.
Meanwhile, the proceeding of the aforesaid mutation case will go on but no final order would be passed without leave of the Court."
On the matter being taken up today, Shri K.R. Singh, learned Additional Chief Standing Counsel states that in compliance of the order of this Court dated 27.5.2019, he has received the instructions dated 29.5.2019 sent by the Tehsildar, Sadar, Gautam Budh Nagar wherein it has been stated that while passing the aforesaid interim order dated 14.11.2018 in Writ C No.37285 of 2018 the Court had clearly proceeded to observe that meanwhile, the proceeding of the aforesaid mutation case will go on but no final order would be passed without leave of the Court. It is submitted that the proceeding is going on under U.P. Revenue Code, 2006 and the opposite party has not made any defiance to the interim order of this Court. The instruction is taken on record.
The Court has proceeded to peruse the record in question and finds that the leave was categorically accorded by the writ court while proceeding in the matter and at no point of time the proceeding has been stayed. In any case, only misc. application was filed and the same was entertained. Therefore, it cannot be treated that the final order has been passed in the matter and as such, the interim order has not been flouted by the opposite party.
The application is accordingly dismissed.
Order Date :- 31.5.2019 RKP