Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3734 of 2021 Applicant :- Onkar Nath Opposite Party :- Subhrant Kumar Shukla And 2 Others Counsel for Applicant :- Sarvesh Chaubey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and perused the record.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971, non compliance of the order of writ court dated 7th May, 2003 passed in Civil Misc. Writ Petition No.- 19226 of 2003 is complained of.
From the perusal of the order of writ court it clearly transpires that the order of Deputy Director of Consolidation dated 31st January, 2003 had come to be stayed. There is no further order regarding status of possession of either of the parties. Nothing has been brought on record to demonstrate as to whether any delivery of possession had taken place in the matter or not. Even otherwise, the Court is of the view that it is not traceable as to who was in the possession in the year 2003 and who has continued in possession up till date so at to draw any inference regarding deliberate and wilful disobedience shown to the order of writ court.
In such above view of the matter, therefore, it will be appropriate for the applicant to seek appropriate relief in pending writ petition itself.
Subject to aforesaid liberty, this contempt application is consigned to records.
Order Date :- 23.9.2021 Atmesh