Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5395 of 2017 Applicant :- Shanti Devi Opposite Party :- Lachhiman Ram Sub Inspector Of Police And 11 Ors.
Counsel for Applicant :- Yashwant Singh
Hon'ble Yashwant Varma,J.
Heard the learned counsel for the applicant and Shri Dinesh Kumar Yadav, the learned counsel who have appeared on behalf of the respondents.
This petition was based on an allegation that the opposite parties on 08.11.2017 cut down the crop of paddy standing over the field in dispute in the presence and collusion of opposite party no. 1.
It is relevant to note that the opposite party nos. 2 to 12 in their affidavits filed on the earlier occasion had not specifically denied any such incident having taken place.
In the affidavit filed by the opposite party no. 1 today it has been categorically averred that no such incident occurred on 08.11.2017 and the allegations levelled against him are false and designed only to give colour to a private dispute which exists between the applicant and the opposite party nos. 2 to 12.
It is relevant to note that in the pending writ petition an order of status quo was passed as far back as on 14.11.2003. It is not in dispute that the instant contempt petition is the first time that the applicant has been compelled to institute proceedings alleging that the opposite party nos. 2 to 12 are disturbing the status quo. It is also relevant to note that in the writ petition the order under challenge had only directed the correction of the relevant revenue records so as to bring on record the name of all the sons and the grand sons of Late Jag Mohan. The applicant herself claims a right in the property by virue of being a widow of Ram Dhari, one of the sons of Jag Mohan.
On the state of the record as it stands today it is evident that the only allegation is that the crop of paddy was cut down.
If this be correct, it is always open to the applicant to initiate appropriate proceedings for the criminal prosecution of the alleged perpetrations. Presently and on the state of the record as it exists today and especially in light of the unambiguous denial of allegations made coupled with the absence of any other attendant material, it cannot be said that the opposite parties are in contempt.
This petition shall stand dismissed.
This order shall however not preclude the applicant from adopting appropriate remedies in respect of the alleged grievances which are voiced in this petition.
The notices, therefore, stand discharged.
Order Date :- 28.2.2018 VR