Allahabad High Court
Riaz Ahmad vs Sri Abhai Singh,Station ... on 17 March, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- CONTEMPT No. - 1552 of 2020
Applicant :- Riaz Ahmad
Opposite Party :- Sri Abhai Singh,Station Officer,P.S. Ramgaon,Bahraich & Ors.
Counsel for Applicant :- Pramesh Kumar Jaiswal,Priyanka Yadav
Counsel for Opposite Party :- Rama Pati Shukla
Hon'ble Chandra Dhari Singh,J.
The instant contempt petition has been filed by the petitioner with a prayer to summon and punish the opposite parties for willful and deliberate disobedience of the judgment and order dated 11.03.2019 passed by this Hon'ble Court in Misc. Bench No. 9242 of 2017.
Learned counsel for the petitioner submitted that the petitioner has intentionally disobeying the order of the Division Bench dated 11.03.2019 and he has submitted that in spite of several requests made by the petitioner the authorities concerned are not removing the illegal Mandi as directed by the Division Bench. Learned counsel vehemently submitted that in pursuance of the said order the Mandi was removed for one day before filing the compliance report, thereafter, the Mandi was started again. Learned counsel further submitted that the State authorities has filed false affidavit and they have not obeyed the order passed by the Writ Court. He has placed one order passed by Sub-Divisional Magistrate, Mahasi, District Bahraich and submitted that in pursuance of this order it is crystal clear that after the affidavit filed for compliance, the S.D.M. concerned has passed order for removing of illegal Mandi which shows that this order itself spoken about and supporting the argument which has been advanced by the learned counsel for the petitioner. Learned counsel appearing for the petitioner submitted that in view of facts and circumstances the respondents not only are disobeying the order of Writ Court but also they have filed the wrong affidavit before this Court and they committed the offence and they should prosecute for the commission of offence for filing a wrong affidavit before this Court.
Learned counsel appearing for the State has vehemently opposed the submissions made by learned counsel for the petitioner and submitted that in pursuance of the order dated 11.03.2019 passed by the Division Bench the encroachment of illegal Mandi has already been removed and there are no violation or disobedience of the order of the Writ Court. He has also referred the supplementary affidavit filed on 02.02.2021 and submitted that all the version and contentions made in the supplementary counter affidavit is false and misconceived and he has also brought the attention of the Court to the photographs of the Mandi and submitted that perusal of the photographs itself established that there is no illegal Mandi on the said plot and the same is removed in pursuance of the order passed by the Writ Court.
Heard Sri P.K. Jaiswal, learned counsel for the petitioner and Sri Rama Pati Shukla, learned counsel for the opposite parties and perused the compliance affidavit, supplementary affidavit, rejoinder affidavit and the supplementary rejoinder affidavit.
After perusal of the pleadings filed in the instant petition as well as order passed by the Writ Court, the Court is fully satisfied that the State authorities has substantially complied the order of the Writ Court and, therefore, no case is made out under Section 12 of the Contempt of Courts Act,1971.
Accordingly, the instant contempt petition is dismissed.
Order Date :- 17.3.2021
Mohit
