Om Prakash vs Smt Indra And Another
2021 Latest Caselaw 7889 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2353 of 2021
 

 
Applicant :- Om Prakash
 
Opposite Party :- Smt Indra And Another
 
Counsel for Applicant :- Bhaiya Lal Yadav,Arun Kumar Dubey
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri B.L. Yadav, learned counsel for the applicant.

It is contended that writ Court on 04.02.2003 while entertaining the writ petition no. 4232 of 2003 filed by opposite parties had stayed the effect and operation of order dated 28.11.2002 passed by Deputy Director of Consolidation. The applicant, who is respondent no. 1 in the said writ petition filed stay vacation application along with counter affidavit.

It is contended that the said writ petition is pending consideration but despite the interim order the opposite party taking advantage of the COVID-19 situation had started raising construction over the land in dispute.

As the counter affidavit as well as stay vacation application has already been filed by the applicant in the said writ petition, the applicant may file application for getting the interim order modified, but no contempt is made out.

Recently the Apex Court in case of Vinay Kumar Pandey vs. Committe of Management Shri Gandhi Inter College and another, Civil Appeal Nos. 4007-4008 of 2020 (arising out of SLP(C) Nos. 14995-14996 of 2020), decided on 08.12.2020 has held that where the stay vacation application and counter affidavit has already been filed, no contempt proceeding can be initiated subsequently. The operative portion of the judgment is quoted hereasunder:-

"Without going into the issue of maintainability of the appeal before the Division Bench of the High court, the basis facts which emerge from the record are that the contempt alleged is of non-compliance of the order dated 15.07.2019 which itself was an ad-interim order and appropriate application seeking vacation of that order is still pending consideration before the High Court.

In the circumstances, unless and until the submission raised in that application seeking vacation is adequately addressed and rejected, no case for initiation of contempt proceedings was made out."

In view of the dictum of the Apex Court, this contempt petition is not maintainable and the same is hereby dismissed.

Order Date :- 13.7.2021

V.S.Singh