Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4099 of 2018 Applicant :- Digvijay Pal Opposite Party :- Ajay Singh , Consolidation Officer And Another Counsel for Applicant :- Ram Raj Prajapati,Ashok Kumar Singh
Hon'ble Ajit Kumar,J.
This contempt application has been filed making the allegations against the Consolidation Officer, Padrauna for committing contempt of order of this Court passed in Writ - C No. 1157 of 1996 whereby, this Court has allowed the writ petition of the contempt applicant and directed the Prescribed Authority to hand over the possession of land in favour of the petitioner/ applicant.
Against the said order, recall application was moved by opposite party no. 2 was rejected by this Court on 09.01.2013 and against which a Special Appeal Defective No. 419 of 2013 was preferred which was also rejected vide order dated 04.09.2017. The Consolidation Officer in some proceedings under Rule 109 of U.P. Consolidation of Holdings Rules, 1953, passed an order of status quo on 11.06.2018. The contempt is alleged on the ground that this order could not have been passed in view of the order passed in Writ - C No. 1157 of 1996 dated 18.05.2011. This Court taking notice of contempt application, vide order dated 14.08.2018, directed the learned Addl. Chief Standing Counsel to seek instructions in the matter.
Today, the learned Addl. Chief Standing Counsel has placed instructions before this Court in the form of an order dated 15.09.2018 passed by Consolidation Officer by which he has recalled the order dated 11.06.2018 and has recorded reasons that in the ignorance of the order of this Court he had passed the order dated 11.06.2018. He has also, in the said order, tendered unconditional apology.
It transpires from the record that the order of this Court was brought to the notice of Consolidation Officer only on 15.06.2018 i.e. three days after passing of the order of Consolidation Officer dated 11.06.2018. Since, the Consolidation Officer, Padrauna who is opposite party no. 1 in the contempt application, has recalled his order, against which complaint is made in contempt application, no cause of action therefore, survives any more in this contempt application.
Copy of order placed before this Court is taken on record.
In view of the above, the contempt application is disposed of.
Consigned to record.
Order Date :- 14.9.2018/IrfanUddin