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2002 DIGILAW 1852 (ALL)

SHIV NATH PRASAD KHANDELWAL v. RAM KUMAR

2002-12-07

B.K.RATHI

body2002
B. K. RATHI, J. ( 1 ) HEARD Sri Ashok Khare, learned Senior Advocate, assisted by Sri M. K. Shukla, learned counsel for the applicant. ( 2 ) IN this case, on 27-2-1993 an order was passed by Munsif, district Mau directing the opposite parties to maintain status-quo of picture hall, Krishna Chitra Mandir. It is alleged that the order has been violated and the District Magistrate on 20-6-2002 has directed for the repair in the said hall and also permitted Sri Chandrama Prasad to enter into the hall. Therefore, the application for contempt has been filed against the opposite parties. ( 3 ) THE learned counsel in support of the arguments has referred to the decision of Full Bench of Madras High Court in the case of Vidya Charan Shukla v. Tamil Nadu Olympic Association, reported in AIR 1991 Mad 323 : (1991 Cri LJ 2722 ). It was held that in case of disobedience of injunction order besides the remedy provided under Order 2-A of Order 39, C. P. C. , High Court can also exercise the powers under Articles 215 and 323 of the Constitution of India. ( 4 ) THE other case referred to is Ram Prakash and Bros. v. Nagar Mahapalika, Lucknow, 1983 Cri LJ 753. In this case the order of injunction was passed by the District Judge and the same was confirmed in appeal by the High Court. Therefore, it was held that the order of the District Judge has merged in the appellate order of the High Court and therefore the High Court can also punish the contemnor under Sections 10 and 11 of the Contempt of Courts Act as the opposite parties have violated not only the order of the District Judge but that the order of the High Court also. ( 5 ) THE above decision of Madras High Court cannot be followed in view of the fact that decision of this Court are otherwise. The case of Ram Prakash Supra also does not help to the applicant. ( 6 ) IN S. G. Pagaare v. Zonal Manager Food Corporation of India, New Delhi, reported in 1987 AWC 506 : (1987 All LJ 1349 ). It was held by this Court that where alternative remedy under Order 39, Rule 2-A, C. P. C. is available, proceedings under the Contempt of Courts Act should not be taken. ( 6 ) IN S. G. Pagaare v. Zonal Manager Food Corporation of India, New Delhi, reported in 1987 AWC 506 : (1987 All LJ 1349 ). It was held by this Court that where alternative remedy under Order 39, Rule 2-A, C. P. C. is available, proceedings under the Contempt of Courts Act should not be taken. ( 7 ) IN Pratap Narain Pande v. Smt. Nomita Roy, reported in 1984 AWC (Supp) 567 : (1985 All LJ 64 ). The similar view was also expressed and it was held that remedy under Order 39, Rule 2-A, C. P. C. is far more adequate and satisfactory remedy as disobedience of an injunction order of the Court below is involved. ( 8 ) SIMILAR views were also taken by this Court in other cases and it was held that the proceedings under the Contempt of Courts Act cannot be permitted to be initiated by a person to whom a effective and alternative remedy of the nature under Order 39, Rule 2-A, C. P. C. or Order 21, Rule 32, C. P. C. is available. This view was expressed in the following cases :1. Indue Tiwari v. Ram Bahadur Chaudhary, AIR 1981 All 309 . 2. Smt. Alka Jaiswal v. Fr. I. Fernandes, 1986 ALJ 133. 3. Anis Ahmad Khan v. State, 1985 ALR 307 : 1985 All LJ 495. ( 9 ) I accordingly find that the application is not maintainable. The application for contempt is accordingly rejected. Application dismissed. .