Allahabad High Court
Chandra Sen Singh vs Anjani Kumar Singh, Nagar Ayukta on 15 December, 2022
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2366 of 2019
Applicant :- Chandra Sen Singh
Opposite Party :- Anjani Kumar Singh, Nagar Ayukta
Counsel for Applicant :- Rabindra Nath Ojha,Om Prakash Ojha
Counsel for Opposite Party :- Sanjay Kumar Tripathi,Sanjay Kumar Tripathi,Vibhu Rai
Hon'ble Rohit Ranjan Agarwal,J.
The applicant before this Court had earlier filed a Writ Petition No. 10794 of 2009 wherein an interim order was passed on 26.02.2009 directing the parties to maintain status quo over the land in dispute.
The applicant had filed a civil suit which is pending consideration before the Civil Judge (Junior Division), Gorakhpur. The writ petition was finally decided by order dated 08.12.2021 and the writ Court had directed the court below to conclude the evidence of plaintiff witnesses within three months and the evidence of defendant witnesses within next three months and the suit was to be decided within a period of six months. The Court had further directed the parties to maintain status quo over the land in dispute. The Court further clarified that the trial court shall not grant any injunction against the Nagar Nigam which has constructed a tube-well and overhead tank, till the disposal of the suit.
Sri R.N. Ojha, learned counsel for the applicant submitted Nagar Nigam had filed an affidavit in the year 2019 wherein it has annexed a notice given for demolition/eviction and thus the authorities are in contempt of the order of writ Court dated 26.02.2009 as they were trying to change the status over the land.
Sri Vibhu Rai, learned counsel appearing for opposite party contends that the writ petition has been finally decided on 08.12.2021 and the interim order dated 26.02.2009 has merged in the final judgment. He further contends that the Court had observed the fact that land is still lying vacant and the authorities are maintaining status quo over the same. According to him, there is no averment either in the contempt application nor any plea was taken before the writ Court as to the eviction/demolition notice of the opposite party.
Having heard learned counsel for the parties and perusal of the record, I find that the writ petition has been finally decided on 08.12.2021 with certain directions to the trial court and in the meantime parties are to maintain status quo over the property in dispute.
The grievance so raised by the applicant subsequently was never placed before the writ Court prior to the judgment of the year 2021. This Court exercising jurisdiction under Section 12 of Contempt of Courts Act cannot do roving inquiry and cannot adjudicate any disputed question of fact, once the writ Court has decided the petition and directed the trial court to expedite the suit with certain directions. The matter is pending consideration before the civil court.
In view of said fact, the contempt application is misconceived and is hereby dismissed.
Contempt notice stands discharged.
Order Date :- 15.12.2022
V.S.Singh
