Allahabad High Court
Chahiram vs Sri Prati Pal Chauhan, Deputy ... on 2 December, 2022
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7207 of 2022
Applicant :- Chahiram
Opposite Party :- Sri Prati Pal Chauhan, Deputy Director Of Consolidation / Additional Collector (F And R)
Counsel for Applicant :- Om Narayan Dwivedi
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Om Narayan Dwivedi, learned counsel for the applicant.
The applicant before this Court had approached the writ Court through Writ-B No. 1787 of 2020 and the writ Court on 28.01.2021 had allowed the writ petition to the extent that order dated 29.07.2020 was set aside and the matter was remanded back to Deputy Director of Consolidation, Baghpat with direction to decide the revision on merits.
Learned counsel for the applicant submitted that post remand the opposite party on 25.10.2022 had taken up four restoration applications which were pending in the revision and allowed the same by a common order and on the very day by order dated 25.10.2022, the revision was allowed without issuing notices to necessary parties which were to be heard as directed by writ Court. He has invited attention of the Court to memo of revision where he has demonstrated that there are number of respondents to whom no notices were issued by concerned officer before passing the order dated 25.10.2022.
I have heard learned counsel for the applicant and perused the material on record.
The order of writ Court dated 28.01.2021 was to the extent that earlier order of Deputy Director of Consolidation was set aside and the matter was remitted back to him for deciding the revision on merits after hearing the parties. The opposite party has decided the revision on 25.10.2022.
This Court finds that no roving and fishing inquiry can be done by contempt Court while exercising contempt jurisdiction under Section 12 of Contempt of Courts Act. 1971 as held by Hon'ble Apex Court recently in case of Dr. U.N. Bora, Ex. Chief Executive Officer and others Vs. Assam Roller Flour Mills Association and another 2022 (1) SCC 101. The relevant para 8 of the said judgment is extracted hereasunder:-
"8. We are dealing with a civil contempt. The Contempt of Courts Act, 1971 explains a civil contempt to mean a wilful disobedience of a decision of the Court. Therefore, what is relevant is the "wilful" disobedience. Knowledge acquires substantial importance qua a contempt order. Merely because a subordinate official acted in disregard of an order passed by the Court, a liability cannot be fastened on a higher official in the absence of knowledge. When two views are possible, the element of wilfulness vanishes as it involves a mental element. It is a deliberate, conscious and intentional act. What is required is a proof beyond reasonable doubt since the proceedings are quasi-criminal in nature. Similarly, when a distinct mechanism is provided and that too, in the same judgment alleged to have been violated, a party has to exhaust the same before approaching the court in exercise of its jurisdiction under the Contempt of Courts Act, 1971. It is well open to the said party to contend that the benefit of the order passed has not been actually given, through separate proceedings while seeking appropriate relief but certainly not by way of a contempt proceeding. While dealing with a contempt petition, the Court is not expected to conduct a roving inquiry and go beyond the very judgment which was allegedly violated. The said principle has to be applied with more vigour when disputed questions of facts are involved and they were raised earlier but consciously not dealt with by creating a specific forum to decide the original proceedings."
This Court finds that once the revision has been decided on 25.10.2022 post remand, the order of writ Court stands complied with by the authorities.
In view of above, the Contempt application is misconceived and is hereby dismissed. However, leaving it open to the applicant to assail the order passed by opposite party before the appropriate forum, if so advised.
Order Date :- 2.12.2022
V.S.Singh
