Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6338 of 2019 Applicant :- Pauhari And Another Opposite Party :- Sri Vimlesh Kumar Maurya, Station House Officer Counsel for Applicant :- Ganesh Shanker Srivastava,Ashwini Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants.
The applicants are before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 3.4.2018 passed in Writ-C No. 10143 of 2018 (Pauhari and another v. State of U.P. & 14 others). For ready reference the order dated 3.4.2018 is quoted as under:-
"Learned Standing Counsel has accepted notice on behalf of State respondents. Shri R.D. Yadav, Advocate has entered appearance on behalf of fourth respondent.
Issue notice to rest of the respondents through RPAD as well as through Dasti. Steps be taken within a week.
All the respondents are accorded ten days' time to file counter affidavit. The petitioner will have three days' thereafter to file rejoinder affidavit.
Put up this matter on 18.04.2018. In between the parties shall make status quo in the matter."
It has been contended that the opposite party No. 2 to 14 are not permitting the applicant to cultivate the land in question. While issuing status quo on 3.4.2018, the Court has asked the parties to maintain status quo in the matter. It cannot pressed before this Court in the guise of contempt proceedings that the applicants may be permitted to cultivate the land in question. The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
In view of above, this contempt application is dismissed. However, dismissal of present application would not preclude the applicants to agitate their claim or right before the Writ Court.
Order Date :- 27.9.2019 Jaswant