Citation : 2014 Latest Caselaw 3154 ALL
Judgement Date : 15 July, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- CONTEMPT No. - 1338 of 2014 Applicant :- Mohd. Anis Beg Opposite Party :- J.P. Singh Sub Divisional Magistrate Tehsil Kaiser Ganj Counsel for Applicant :- Mohd. Aslam Beg Hon'ble Dr. Devendra Kumar Arora,J.
Heard learned counsel for the applicant.
Applicant alleges non-compliance of order of writ Court dated 14.02.2014 passed in Writ Petition No. 1235 (M/B) of 2014 ( Mohd. Anis Beg (PIL) Vs. State of U.P. and others), whereby the writ Court, while disposing of the writ petition, given liberty to the applicant/petitioner to approach the appropriate authority by initiating appropriate proceedings under Section 122-B (2) of U.P. Zamindary Abolition and Land Reforms Act. It was further provided in the order that if such proceedings are initiated by the petitioner/applicant, the same shall be concluded expeditiously, say, within a period of three months from the date of initiation of such proceedings.
Submission of learned counsel for the applicant is that in pursuance to the directions of writ Court, applicant submitted petition under Section 122-B (2) of U.P.Z.A. and L.R. Act before the S.D.M., Qaiserganj, Bahraich. It is also submitted that time prescribed by the writ Court has already expired, but till date proceedings have not been finalized. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against the opposite party under the provisions of Contempt of Court Act for willful disobedience of order dated 14.02.2014 of the writ Court.
On due consideration, prima facie, a case of willful disobedience of the order of writ Court is made out.
Let notice be issued to opposite party to appear before this Court on 13.08.2014 to show cause as to why proceedings be not initiated against him under the provisions of Contempt of Court Act for willful disobedience of order of the writ Court dated 14.02.2014 passed in Writ Petition No. 1235 (M/B) of 2014 ( Mohd. Anis Beg (PIL) Vs. State of U.P. and others).
The copy of contempt petition be also provided to learned Standing Counsel, who will transmit the same to opposite party along with copy of this order. Learned Standing Counsel will also seek instruction in the matter.
Order Date :- 15.7.2014
Tanveer/-
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