Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2592 of 2019 Applicant :- Yogesh Kumar Mishra Opposite Party :- Suryabali Mishra Counsel for Applicant :- Awadhesh Kumar Singh,Sachichida Nand Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for initiating contempt proceeding against the opposite party for disobedience of the order of this Court dated 7.3.2014 passed in Writ-C No.14550 of 2014 filed by the applicant, wherein the Court directed as under:-
"I am of the view that once the revisions were defective, the revisional court has erred in admitting the revisions and passing the interim order. As such, no infirmity can be attached with the view taken by the revisional court. However, one fact cannot be brushed aside that against the judgment and order in the revisions, two other revisions have been filed; one by the State and other by the Gaon Sabha. The case is that, the land, which is recorded as 'Khalihan' has been permitted to be exchanged by the land of the sitting Pradhan's husband. This fact has to be ascertained and in case, in the meantime, any substantial change is made or third party right is created, there will be further inconvenience. It has also been brought to the notice of this Court that the transfer application has been allowed by the learned Member, Board of Revenue by the judgment and order dated 28.11.2013 and the matter has now been transferred to the Court of Commissioner, Varanasi Division, Varanasi.
Taking note of this fact, the Commissioner, Varanasi Division, Varanasi is directed to decide the petitioner's application for consolidating the revision nos. 43 and 44 of 2013 (Yogesh Kumar Mishra Vs. Suryabali Mishra and Others) and the aforesaid revisions be decided on merit. The petitioner is also directed to remove the defect in the revisions with the permissions of learned Commissioner and he is at liberty to file a fresh application for appropriate interim order before the learned Additional Commissioner. In case such an application is filed within a period of three weeks from today, that may also be considered in accordance with law.
Till the aforesaid application is considered, neither any third party right shall be created nor the nature of the land shall be changed.
Learned Standing Counsel is directed to communicate this order to the Collector, Varanasi Division, Varanasi so that he shall look into the matter and issue appropriate direction upon the learned DGC (Revenue) to look into the matter and do needful in accordance with law so that the interest of State and gaon sabha be protected.
With the aforesaid observation / direction, this writ petition is disposed of."
In the present case, the writ court order has been passed in the year 2014. Now, after a long span of time, the applicant has turned up in contempt proceeding with the prayer that the order of the writ court has not been complied with. The Court is not at all aware of the situation on the spot and as such, at this belated stage, no interference in contempt proceeding can be made. However, it is always open for the applicant to move an appropriate application in the pending appeal before the Commissioner of the Division.
With these observations, the Contempt Application is disposed of.
Order Date :- 30.4.2019 RKP