Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3804 of 2019 Applicant :- Kashi Rai Opposite Party :- Shri Kailash Bharti, Settlement Officer Of Consolidation And Another Counsel for Applicant :- Vashishtha Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
The present contempt application has been preferred for willful defiance of the interim order dated 31.7.2001 passed in Civil Misc. Writ Petition No. 16535 of 2000 (Kashi Rai Vs. DDC/ADM (F&R), Deoria and others) whereby the parties were restrained from changing the nature of the disputed property and from disposing of the property in any manner. It has also been claimed that the said writ petition is still pending consideration.
On the matter being taken up on 1.7.2019, learned Standing Counsel has been asked to seek the instruction in the matter.
Today, Sri Devesh Vikram, learned Standing Counsel has placed the detailed instruction dated 20.7.2019 sent by the opposite party whereby it has been claimed that objections were considered by the Consolidation Officer under Section 21(1) of the U.P. Consolidation of Holdings Act, 1953 and admittedly against the same, those who were aggrieved had filed appeal under Section 21(2) of the said Act, which were pending consideration and as such, the interim order so accorded has not been flouted by the opposite parties. Copy of the instruction is taken on record.
Considering the submissions and the nature of interim order, the Court is of the opinion that the opposite parties have not flouted the interim order passed by this Court. The rights of the applicant should be crystallised in the pending appeal 21(1) of the U.P. Consolidation of Holdings Act, 1953 and as such, the Court is not inclined to proceed further in the present contempt proceeding.
Consequently, the present contempt application stands rejected. However, this order would not preclude the applicant to agitate before the appropriate Forum.
Order Date :- 25.7.2019 A.K.Srivastava