Hriday Narayan Singh vs Kiran Pal Singh, Presiding ...
2023 Latest Caselaw 25691 ALL

Citation : 2023 Latest Caselaw 25691 ALL
Judgement Date : 20 September, 2023

Allahabad High Court

Hriday Narayan Singh vs Kiran Pal Singh, Presiding ... on 20 September, 2023

Bench: Kshitij Shailendra





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182428
 
Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6832 of 2023
 

 
Applicant :- Hriday Narayan Singh
 
Opposite Party :- Kiran Pal Singh, Presiding Officer (Judge)
 
Counsel for Applicant :- Shri Krishna Lal
 

 
Hon'ble Kshitij Shailendra,J.

1. Heard Shri Krishna Lal, learned counsel for the applicants and perused the record.

2. This contempt application has been filed alleging wilful and deliberate disobedience of the order dated 21.05.2018 passed by this Court in First Appeal No. 872 of 2014 along with other connected appeals.

3. It is contended by the learned counsel for the applicants that the Presiding Officer/opposite party has, though referred to the order dated 21.05.2018 passed by the Division Bench of this Court in the aforesaid appeals, but at the same time, just above the operative portion of the order, he has observed that there is no order directing payment of compensation at the rate of Rs.8,00,000/- (rupees eight lac) per acre and that the earlier Execution Application No. 6 of 2012 preferred by the applicants has already been decided in full satisfaction by order dated 10.03.2016. Learned counsel for the applicants has referred to paragraph No. 110 of the judgment of the Division Bench and submits that the Division Bench has clearly determined the compensation at the rate of Rs. 8,00,000/- per acre and insofar as disposal of the previous execution application, the same was filed and decided prior to the order of the Division Bench and, therefore, has no relevance.

4. I am of the considered opinion that passing of the order dated 07.07.2023 by the Presiding Officer concerned does not amount to willful and deliberate disobedience of the order of Division Bench, however, at the same time, it appears that probably the officer has missed to appreciate the contents of the paragraph No. 110 of the order of Division Bench.

5. The contempt application stands disposed of permitting the applicants to avail appropriate remedy either before the higher court or by way of filing review application before the same officer in the light of aforesaid observations.

Order Date :- 20.9.2023

Sazia