Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 126 of 2020 Applicant :- Haji Jameel Ahmad @ Jameel Hasan Opposite Party :- Rakesh Singh, D.M. And 4 Others Counsel for Applicant :- Kiran Kumar Arora Counsel for Opposite Party :- Rakesh Kumar Verma
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 15.11.2019 passed in Writ Petition No.2663 of 2019 (Haji Jameel Ahmad Vs. State of U.P. and others). The order is reproduced hereinbelow:-
"Sri Anil Kumar Singh Baghel, learned Additional Chief Standing Counsel has stated on instructions received in compliance with the order dated 14.11.2019 that the name of the petitioner has been recorded in the Six Yearly Khatauni for the Fasli Year 1423-1428. It is pointed out that in the said Khatauni in Columns 7 to 12, that relate to record of orders varying or altering rights of parties, the orders of the Board of Revenue, dated 16.02.2018, as amended by the further order dated 14.09.2018 have been incorporated on 01.12.2018. This particular entry finds place in the part of the Khatauni, annexed at page 24 of the paper-book.
Sri K.K. Arora, learned Counsel for the petitioner submits that once it is admitted to the respondents that the orders of the Board in question have been entered in the Column carrying record of further orders of mutation or variation of rights, there is no reason why in keeping with the change recorded in the Khatauni, a revised Khatauni showing the name of the petitioner in Column 2 has not been issued. He submits that a revised Khatauni incorporating rights shown in Columns 7 to 11, indicating the petitioner's name as the tenure-holder in Column 2 is not being issued despite demand. Instead, the name of the Senior Superintendent of Police, Moradabad is continuing in Column 2, which is an illegal entry. It is urged on behalf of the petitioner that once it is acknowledged that the orders of the Board, dated 16.02.2018, as modified vide order dated 14.09.2018, have been entered in Columns 7 to 12 in the Khatauni, there is no reason to continue with the name of the Senior Superintendent of Police, Moradabad in Column 2 showing him to be the Khatedar. It is this entry in Column 2, which the petitioner has sought to be quashed, and incorporation of his name in accordance with what is already recorded in Columns 7 to 12.
Sri Anil Kumar Singh Baghel, learned Additional Chief Standing Counsel will file a Counter Affidavit within a week.
Put up this matter in the Additional Cause List on 25.12.2019. It is made clear that this petition will be disposed of on the said date."
From perusal of the aforesaid order, it is clear that only counter affidavit was called for from the respondents in the writ petition. No directions whatsoever has been given by the writ court in the entire order for non compliance of the order.
Apart from the same, an affidavit of compliance was filed by the opposite party no.1. It is stated in para 6 of the affidavit of compliance that detailed counter affidavit was filed in the aforesaid writ petition.
In view of the same, no case for contempt is made out hence present contempt application is dismissed.
Order Date :- 13.8.2021 Pramod Tripathi