Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4053 of 2011 Applicant :- Uma Shanker Lal Opposite Party :- Mr. Parth Sarthi Sen Sharma And Another Counsel for Applicant :- Sunil Kumar Singh,S.K.Seth Counsel for Opposite Party :- S.C.
Hon'ble Manoj Kumar Gupta,J.
By order dated 18.1.2011 in Writ-A No.46561 of 2008 filed the by applicant, this Court directed the Consolidation Commissioner to take decision relating to payment of arrears of dues of the applicant within six weeks from receipt of certified copy of the order.
An affidavit of compliance has been filed by opposite party no.2 stating that in compliance of the direction issued by the Writ Court, the Consolidation Commissioner, U.P. Lucknow passed an order on 8.3.2011 holding that the applicant retired from district Ballia and, therefore, Settlement Officer Consolidation, Ballia would be competent to examine his claim. Consequently, Settlement Officer Consolidation, Ballia has passed an order on 21/22.9.2011 deciding the claim of the applicant for payment of retiral dues.
Counsel for the applicant submitted that decision should have been taken by Consolidation Commissioner as directed by Writ Court instead of sending the matter to Settlement Officer Consolidation.
Although the contention of learned counsel for the applicant has force but since the Consolidation Commissioner in his order dated 8.3.2011 has held that the petitioner having retired from district Ballia, competent authority to adjudicate his claim is Settlement Officer, Ballia and which fact is not disputed by learned counsel for the applicant, therefore, in the opinion of the Court, once the Settlement Officer Consolidation had taken decision in the matter, no ground is made out to proceed in contempt against the opposite parties. It shall be open to the applicant to challenge the order of Settlement Officer Consolidation dated 21/22.9.2011 if he feels aggrieved thereby.
The contempt application is consigned to record.
(Manoj Kumar Gupta, J) Order Date :- 24.8.2018 SL