Court No. - 33
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1702 of 2017 Applicant :- Smt. Meeta Devi Opposite Party :- Sri Somesh Pandey Consol.Officer Ramnagar Bhadsara-Ii Counsel for Applicant :- Anil Kumar Tiwari
Hon'ble Anjani Kumar Mishra,J.
This contempt application has been filed alleging wilful disobedience of the order dated 06.11.2015 passed by the writ Court. The relevant portion is extracted below:-
"In view of the statement so made, this writ petition is disposed of with a direction to the Consolidation Officer, Ramnagar Bhadsara-II, Jaunpur, respondent no. 1 to dispose of the objection in accordance with law after affording opposite party, adequate opportunity to adduce his evidence and after considering the evidence on record, expeditiously, preferably within a period of four months from the date of a certified copy of this order is filed before him."
The contention is that the matter has not been decided within four months of the copy of the order passed by the writ Court having been filed before the opposite party.
Along with this contempt application, the order sheet of the proceedings has also been filed and his order sheet reveals that the oral evidence of the parties was concluded by 25.02.2016.
Further, the order sheet of 03.02.2016 indicates that a date has been fixed for final hearing of matter, upon receipt of the original record, which has been summoned by the revisional Court, the Deputy Director of Consolidation.
The above two facts indicate that there is no wilful default on the part of the Court concerned even if the matter has not been decided finally, despite the directions of the writ Court.
Therefore, no contempt is made out and the contempt application is liable to be dismissed.
However, while dismissing this contempt application it is observed that since the matter appears to be ripe for final hearing, the Court concerned should decide the same within a period of four months from the date a certified copy of this order is filed before him.
Order Date :- 19.4.2017 Mayank