Rajendra Kashyap & 2 Ors. vs Shri Mahendra Kumar, ...
2021 Latest Caselaw 6681 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CONTEMPT No. - 1659 of 2020
 

 
Applicant :- Rajendra Kashyap & 2 Ors.
 
Opposite Party :- Shri Mahendra Kumar, Commissioner, Devipatan Div. Gonda &Anr
 
Counsel for Applicant :- Mohiuddin Khan
 

 
Hon'ble Rajnish Kumar,J.

Heard, Shri Mohiuddin Khan, learned counsel for the applicants through video conferencing.

Submission of learned counsel for the petitioner is that the mutation case has been decided despite an interim order passed by this Court on 19.07.1985 and the judgment and order 05.09.2013 passed by this Court in Writ Petition No.4763(M/S) of 1982.

On a query being put as to whether the orders passed by this Court were submitted before the concerned court or not, the learned counsel for the applicants submitted that it was informed by way of SA-1 and SA-2 filed alongwith supplementary affidavit dated 8/9.12.2020.

Perusal of paragraph-12 of the objection dated 29.03.1994 filed in case under Section 34 of the Land Revenue Act indicates that only this much was mentioned that the case is pending before this Court in regard to the land in dispute. Therefore, the mutation can not be made in favour of the applicants. Similar averment was made in paragraph-15 of the objection dated 13.02.1995. Therefore, it can not be said that the concerned court was informed about the order passed by this Court and if the order was not communicated and it was not in the knowledge of the Court, the Court has not committed any contempt in passing the order.

Admittedly, the revision was filed against the order passed by the mutation court and the same was rejected. The Writ Petition No.1780 (M/S) of 2020 has been filed before this Court challenging the orders.

In view of above, the contempt petition is misconceived and lacks merit. It is, accordingly, dismissed.

.............................................................(Rajnish Kumar,J.)

Order Date :- 25.6.2021

Haseen U.