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2012 DIGILAW 798 (JK)

Abid Hussain Bhat & Ors. v. Abdul Khaliq Mir

2012-12-24

MOHAMMAD YAQOOB MIR

body2012
1. Instant motion has been laid for initiating contempt proceedings with the following prayer:- "In the premises, it is, therefore prayed that attion in accordance with law may please be initiated as against the contemnors named herein and they be further restrained from changing the "Cholabandi" of husband of the applicant non-contemnor from village Hajitra, Tangdar(Tehsil-Karnah) to Nowgabra, Tangdar (Tehsil-Karnah) or fiddle with her record of residence or Cholabandi or revenue record maintained by the official respondents in any manner whatsoever." 2. On 15.2.2012 notice in the main petition (SWP No. 234/2012) as well as in the application for interim relief (CMP No. 335/2012) has been issued. Furthermore, following direction has been issued; "In the meantime, appointment impugned in the petition shall be subject to outcome of the CMP". 3. Basically respondents 8 & 9, in the main petition, have been appointed as ReT Teachers for UPS Hajitra, Tangdar. Same appointment is challenged by the petitioner in SWP No. 234/2012 on the grounds that" respondents 8 & 9 were not eligible because of being residents of far-off village, having less qualification and merit as compared to the petitioner. 4. In the application it is projected that SDM Karnah has visited the house of petitioner no.2 and has harassed him, basically the visit of the SDM was aimed at changing the "Cholabandi" (household) position of husband of the petitioner no.2 from the village Hajitra to Nowgabra, further to manipulate the records so as to justify the appointment of respondents 8 & 9. 5. The direction of the court dated 15.02.2012 is to the effect that the appointment shall remain subject to outcome of the CMP. The petition is pending adjudication. Whatever records shall be collected and produced by the parties will be subject to the judicial scrutiny and open to objections of the party aggrieved thereof. 6. If the authorities have initiated any action or any process for putting their records straight, same cannot be said to be violation of the directions issued on 15.02.2012. In case of any manipulation or concoction, petitioner shall have a right to object to the same in the main proceedings. The initiation of any proceedings by the respondent-authorities or even by private respondents, which is not violating the aforesaid direction, cannot constitute contempt. 7. In case of any manipulation or concoction, petitioner shall have a right to object to the same in the main proceedings. The initiation of any proceedings by the respondent-authorities or even by private respondents, which is not violating the aforesaid direction, cannot constitute contempt. 7. Scope of contempt proceedings is that if a person has defied the order of the court or has offended the proceedings of the court so as to cause interference with the administration of justice, then of-course he has to be dealt with. 8. The prayer, as made by the petitioner in the instant petition as quoted above, seeks initiation of the contempt proceedings to restrain the respondents from changing 'Cholabandi' of husband of the applicant. If the petitioner has any grievance against such action, he shall have to work out the remedies as shall be available to him. Motion for contempt, seeking issuance of additional direction, is impermissible and beyond the scope of contempt proceedings. 9. In the aforesaid background no case at this stage is made out which would warrant initiation of contempt proceedings. Petition being misconceived, is dismissed.