Surendra Singh Saini And Another vs Hans Kumar Jain And Another
2019 Latest Caselaw 6374 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2289 of 2019
 
Applicant :- Surendra Singh Saini And Another
 
Opposite Party :- Hans Kumar Jain And Another
 
Counsel for Applicant :- Kaushal Kishore Mishra
 
Counsel for Opposite Party :- Pradeep Kumar
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard Shri K.K. Mishra, learned counsel for the applicants and Shri Pradeep Kumar, learned Senior Advocate assisted by Shri Onkar Nath Vishwakarma for the opposite party.

The applicants are before this Court for a direction to initiate contempt proceeding against the opposite parties for disobedience of the interim order dated 11.8.1981 passed in Writ Petition No.1197 of 1981 (Randhir Singh and ors vs. Deputy Director of Consolidation, Meerut camp at Muzaffarnagar and others). For ready reference the order dated 11.8.1981 is quoted as under:-

"Issue notice.

If the petitioners have not been dispossessed as yet they shall not be dispossessed until further orders of this Court."

Shri Pradeep Kumar, learned Senior Advocate appearing on behalf of opposite parties has precisely drawn attention on the document annexed as Annexure No.1 to the second supplementary affidavit. He has also placed the original copy of the application so moved by the applicant before the Deputy Director of Consolidation on 8.12.1980. The certified copy of the original application is also produced. It is submitted that once the applicant has not approached to this Court with clean hand then in such situation the present contempt application is liable to be dismissed with heavy cost.

The matter was taken up on 4.7.2019 and on the objection so made by Shri Pradeep Kumar, Senior Advocate the Court had proceeded to pass following order:-

"Supplementary Counter Affidavit on behalf of opposite party be taken on record.

On the strength of supplementary counter affidavit, Shri Pradeep Kumar, Senior Advocate precisely submits that while filing the second supplementary affidavit dated 24.05.2019, the applicant has deliberately filed an order dated 08.12.1980 with certain interpolations and the authenticity of the same is highly disputed.

Confronted with this situation, learned counsel for the applicant prays for and is accorded ten days' time to file respone to the supplementary counter affidavit. While filing the same, the certified copy of the order dated 08.12.1980 filed as Annexure SA-1 to the second supplementary affidavit may also be brought on record.

Put up this matter as fresh on 18.07.2019."

Thereafter, the matter was listed on 18.7.2019, 23.7.2019, 29.7.2019 and inspite of repeated directions, the order dated 4.7.2019 has not been complied with by the applicant.

In the facts and circumstances, the Court is not inclined to proceed under Section 12 of the Contempt of Courts Act, 1971.

Confronted with this situation, learned counsel for the applicant states that the applicant does not want to press the contempt application.

Accordingly, the contempt application is dismissed.

Order Date :- 1.8.2019

RKP