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2005 DIGILAW 1545 (ALL)

RAM LEELA COMMITTEE BAGHPUR PARGANA AKBARPUR KANPUR DEHAT v. GHAN SHYAM DAS SDM AKBARPUR KANPUR DEHAT

2005-08-18

S.P.MEHROTRA

body2005
S. P. MEHROTRA, J. The present Contempt Petition has been filed by the petitioner-applicant, inter alia, praying for punishing the opposite parties for having committed contempt of this Court by flouting various orders men tioned in the prayer clause of the Con tempt Petition. 2. Heard Shri K. K. Tripathi, learned Counsel for the petitioner- applicant and perused the record. 3. As regards the order dated 4-8-2004 (Annexure-8 to the affidavit ac companying the Contempt Petition) passed in Civil Misc. Writ Petition No. 30119 of 2004, it is evident from a perusal of the said order that a Division Bench of this Court dismissed the said Civil Misc. Writ Petition No. 30119 of 2004. However, the Division Bench, inter alia, directed for maintenance of status quo for a period of 10 days from the date of the said order, i. e. 4-8-2004, while permitting the petitioner-applicant to approach the civil Court by filing Civil Suit. 4. It is evident from a perusal of the averments made in the Contempt Petition and its accompanying affidavit that pur suant to the said order dated 4-8-2004, a Suit being Suit No. 282 of 2004 has been filed by the petitioner-applicant. 5. Therefore, there is no question of any disobedience by the opposite parties in respect of the said order dated 4-8-2004 passed in Civil Misc. Writ Petition No. 30119 of 2004. 6. It further appears from a perusal of the averments made in the Contempt Petition and its accompanying affidavit that status quo order dated 27-8-2004 was passed in the said Suit No. 282 of 2004. 7. It is, inter alia, further alleged in the Contempt Petition and its accom panying affidavit, particular, in para graph 30 of the said affidavit that the said status quo order was subsequently extended. 8. In case, there is any dis obedience of the said status quo order passed in the said Suit No. 282 of 2004, as alleged by the petitioner-applicant then appropriate remedy for the petitioner was to approach the Civil Court, itself under Order XXXIX, Rule 2-A of the Code of Civil Procedure, 1908. Therefore, there is no question to enter taining the Contempt Petition by this Court on account of the alleged dis obedience of the status quo order passed in the said Suit No. 282 of 2004. 9. As regards the order dated 26-2-1998 passed in Civil Misc. Therefore, there is no question to enter taining the Contempt Petition by this Court on account of the alleged dis obedience of the status quo order passed in the said Suit No. 282 of 2004. 9. As regards the order dated 26-2-1998 passed in Civil Misc. Writ Petition No. 7239 of 1998, the said order is an in terim order passed in the said Writ Peti tion. The said order dated 26- 2-1998 (An-nexure- 4 to the affidavit accompanying the Contempt Petition) is as follows: "until further order, further proceeding for auction of Ram Bazar on plot No. 1006, 1005 and 1004 situate in Village Baghpur shall remain stayed. " 10. The said Civil Misc. Writ Petition No. 7239 of 1998 was admitted by the order dated 5-12-2000 (Annexure-5 to the affidavit accompanying the Contempt Peti tion ). 11. From a perusal of the said in terim order dated 26-2-1998, it is evident that this Court stayed further proceedings for auction of Ram Bazar on the plots mentioned in the said interim order dated 26-2-1998. 12. From a perusal of the aver ments made in the Contempt Petition and its accompanying affidavit, par ticularly those made in paragraphs 31 to 37 of the said affidavit, it is not clear as to how the said interim order dated 26-2-1998 is being violated. Shri K. K. Tripathi, learned Counsel for the petitioner- applicant has not shown any specific allegation made in the Con tempt Petition or its accompanying af fidavit that any auction of Ram Bazar on the plots mentioned in the said interim order dated 26-2- 1998 is being done by the opposite parties in violation of the said interim order dated 26-2-1998. 13. In the circumstances, there is no question of any violation of the said interim order dated 26-2-1998. 14. In view of the aforesaid discus sion, I am of the opinion that the Con tempt Petition lacks merit and the same is liable to be dismissed. 15. The Contempt Petition is ac cordingly dismissed. Petition dismissed. .