Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2311 of 2018 Applicant :- Triveni Prasad Opposite Party :- Moti Lal Yadav Deputy Collector- Mariyahun Counsel for Applicant :- Awadhesh Kumar Sharma Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
This petition alleges disobedience of an order passed on a writ petition directing the S.D.M. concerned to examine the matter of placement of boundary pillars. As a reading of the order passed by the High Court would establish the contention advanced before the Court at that stage was that the order of 4 March 2016 had attained finality. However, a perusal of paragraph-16 of the Affidavit filed in support of this application shows that aggrieved by an order dated 28 September 2017 when the restoration application against the order dated 4 March 2016 was dismissed, an appeal was preferred being Appeal No. 1239/17 upon which directions have been issued to the court below to decide the matter afresh. This petition evidently therefore seeks enforcement of the order dated 4 March 2016, even though the matter on remand is still pending.
Consequently, this Court finds no ground to initiate proceedings in contempt at this stage.
The petition shall in consequence stand dismissed.
Order Date :- 30.4.2018 Arun K. Singh