Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4668 of 2018 Applicant :- Nand Lal Opposite Party :- Smt. Savita Yadav,S.D.M.
Counsel for Applicant :- Vipin Kumar Singh
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
By means of this contempt application, the applicant is alleged that in spite of the direction issued by this Court in Writ-C No.- 333 of 2017 dated 6th January, 2017, the proceedings before Sub- Divisional Officer under Section 229 (B) of the U.P.Z.A.&L.R. Act, 1950, initiated at the instance of the petitioner has remained pending.
This Court vide order dated 6th September, 2018 had directed to the learned counsel for the applicant to bring on record the entire order-sheet of the proceedings pending before the concerned Officer under Section 229 (B) in question.
Today, learned counsel for the applicant has filed supplementary affidavit annexing the order-sheet in which there is one order passed by the concerned officer dated 29th January, 2018 in the following terms:-
^^vkt i=koyh is'k gqbZA i{kx.k mifLFkr vk;sA i{kksa dh cgl lquh x;hA vr% i=koyh fnukad 2-2-2018 dks okLrs lk{; oknh is'k gksA** Thereafter the order dated 19th July 2018 has been annexed. On a perusal of the order-sheet dated 29th January, 2018, it transpires that the evidence of the plaintiff-applicant has still not been concluded. From the last order-sheet order dated 29th July, 2018, it does not transpire as to whether evidence of the parties have come to close or not.
In the contempt application as well as supplementary affidavit, there is no averment to the effect that the evidence of the plaintiff- applicant has been concluded and that the adjournment has been granted at the instance of defendants. Moreover, even this fact has not come on record as to why the proceeding with the hearing is pending without concluding the evidence.
In the absence of complete facts on record, the Court is not able to form any opinion that the concerned officer has deliberately flouted the direction of this court.
No case for contempt is, therefore, made out at this stage. In view of the above contempt application stands dismissed. Consigned to record.
Order Date :- 14.9.2018 Atmesh