Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3519 of 2019 Applicant :- Kamlesh And Another Opposite Party :- Satya Preet Singh, Sub Divisional Magistrate Counsel for Applicant :- Girja Shanker Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
This Contempt Application has been filed alleging wilful disobedience of the order dated 5.2.2019 passed by this Court in Writ C No.3788 of 2019 filed by the applicants wherein the Court directed as under:-
"The case of the petitioners is that when on 27.1.2018, the names of the petitioners were entered under mutation proceedings, the respondents had sought for a recall of it and the order was, in fact, recalled on 14.1.2019. Against this order, the petitioners had filed an Appeal on 15.1.2019 algonwith a stay application. Grievance of the petitioners is that orders were not being passed on the stay application filed alongwith the appeal and they apprehend that if orders were not passed then the respondents would create third party interests on the basis of the orders passed by the Mutation Court.
Under such circumstances, it is being directed that the Appellate Court would pass orders on the stay application within a period of one week from the next date fixed in the case.
For a period of two weeks, it is directed, that no third party rights shall be created.
The writ petition is disposed of."
On the matter being taken up today, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel has placed on record the instruction dated 29.5.2019 sent by the Sub Divisional Officer, Sadar, Ghazipur, wherein it has been indicated that the opposite party no.1 has already proceeded to entertain the stay application dated 25.1.2019 and accorded an interim order on 28.1.2019. The instruction is taken on record.
In the facts and circumstances, the Court is of the opinion that no contempt is made out against the opposite parties.
The application is totally misconceived and the same is accordingly dismissed.
Order Date :- 31.5.2019 RKP