Court No. - 38
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5976 of 2021 Applicant :- Smt Monika Bansal Opposite Party :- Prerna Sharmanagar Ayukt Nagar Nigam And Another Counsel for Applicant :- Radhey Shyam Dwivedi
Hon'ble Jayant Banerji,J.
Heard Shri Radhey Shyam Dwivedi, learned counsel for the applicant.
This application has been filed to initiate contempt proceedings against the opposite party for flouting the order dated 14.10.2019 passed in Writ-Tax No. 1127 of 2019 (Monika Bansal Vs. State of U.P. and 2 others).
The contention of the learned counsel for the applicant is that despite the interim order dated 14.10.2019 and despite the writ petition being pending, the opposite party no. 2, Tax Assessment Officer, Nagar Nigam Firozabad has issued a list of 10 big defaulters of house tax of the Nagar Nigam on March, 2020, which included the name of the applicant. Thereafter, it is contended that in a prominent newspaper, the names of 10 big defaulters of the house tax which included the name of the applicant was published on 27.11.2021. It is contended that publishing the name of the applicant despite the order of the Court amounts to coercive process being adopted by the opposite party.
The order dated 14.10.2019 passed in Writ-Tax No. 1127 of 2019 is as follows:
"Shri Sahab Tiwari, learned counsel for the Nagar Nigam prays for and is allowed one week's time to file a counter affidavit.
List this matter on 18.11.2019.
Subject to deposit of 50 per cent of the impugned demand within a period of two weeks from today, no coercive action may be taken against the petitioner till 18.11.2019."
It is not the case of the applicant that the order dated 14.10.2019 passed by this Court was extended. As such, since the interim order did not operate beyond 18.11.2019, it cannot be said that the cause of action for maintaining this contempt application subsists. Mere pendency of the writ petition would not be a restraint on the opposite party to proceed to recover statutory dues in accordance with law.
This contempt application, lacking merit, is accordingly, dismissed.
Order Date :- 22.12.2021 A. V. Singh (Jayant Banerji, J.)