Court No. - 16
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5525 of 2017 Applicant :- C/M Jat Shiksha Sabha Thru' Its C. Yogendra Singh & 2 Ors. Opposite Party :- Subhash Singh Dy. Registrar Fimrs Society & Chits Counsel for Applicant :- Nipun Singh,Ashok Khare
Hon'ble Ashwani Kumar Mishra,J.
This contempt petition has been filed with the allegation that the order dated 31.10.2016, passed by this Court in Writ Petition No.53603 of 2016 as well as the order dated 1.8.2017 passed in Special Appeal Defective No.390 of 2017 have been violated by the Deputy Registrar, on account of an order passed by him on 26.9.2017. It is stated that other writ petition no.65372 of 2016 had also been filed in respect of dispute relating to same society and committee of management, which was decided on 2.12.2015, against which a Special Appeal No.943 of 2015 has been allowed, and thereafter the writ petition no.65372 of 2015 was withdrawn. It is stated that the Deputy Registrar has proceed in a manner wholly inconsistent with persistent directions issued by this Court, and therefore, contempt proceedings are liable to be drawn against him.
Perusal of the record would go to show that cause of action for initiating contempt proceedings as per the applicant is an order dated 26.9.2017, which has already been subjected to challenge in Writ Petition No.46757 of 2017, wherein an order of status-quo has already been passed on 7.10.2017 and other connected matters have been clubbed together.
Issues and contentions advanced in this contempt petition are also engaging attention of the writ court. In such circumstances, as the issue is subjudice before the writ court and the order of the Deputy Registrar has been challenged also on one of the grounds that it is contemptuous in nature, as such I am not inclined to examine allegation of violation of writ court's order. This Court has already directed parties to maintain status-quo in the pending writ petition. It would not be proper for this Court to pass any order, which would have the affect of compelling the opposite party to vary the position operating in terms of the order of the writ court.
Leaving it open for the applicant to raise all such issues in the pending writ petition, this contempt petition is consigned to records.
Order Date :- 29.11.2017 Ashok Kr.