Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4612 of 2020 Applicant :- Suraj Prassad Opposite Party :- Sri Mannan Akhtar, District Magistrate Counsel for Applicant :- Asha Parihar,Pratik Chandra Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant.
The applicant has alleged the violation of the order dated 22.1.2004 passed by this Court in Writ Petition No. 2169 of 2004 which reads as under:-
"Notices meant for respondent Nos. 1 and 2 have been accepted by the learned Chief Standing Counsel. Respondent No. 3 is represented by Sri Anuj Kumar, learned Advocate.
Issue notice to respondent No. 4. Steps will be taken within one week. All the respondents may file counter affidavit by the next date.
List this petition in the week commencing 22nd March 2004.
Submission of learned counsel for the petitioners is that the finding given by the Court below about availability of house and no construction over the land allotted by the petitioners are perverse and in fact petitioners have already raised constructions over the land. In view of the aforesaid, it is being directed that till the next date of listing operation of the order dated 03.11.2003 (Annexure no. 8 to the writ petition) shall remain stayed."
In paragraph No. 15 of the contempt application, the applicant has alleged that one Jagat Senger s/o Jagvandan Singh has been encroaching upon the land in dispute and thus, he has violated the order dated 22.1.2004 passed by this Court.
It is admitted on record that Jagat Senger s/o Jagvandan Singh is not a party in the writ petition. Thus, the order of this Court of which contempt is alleged is not binding upon Jagat Senger s/o Jagvandan Singh and as such no contempt application is maintainable against him.
Furthermore, in the present contempt application the Jagat Senger s/o Jagvandan Singh who is said to have violated the order of the court has not been impleaded as a party.
Thus, for the reasons given above, the contempt application is misconceived and is accordingly, dismissed.
Order Date :- 6.1.2021 Jaswant
Digitally signed by Justice Saral Srivastava Date: 2021.01.13 09:25:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad