Govind Kamra vs Shivani Pandey
2022 Latest Caselaw 3705 MP

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          The High Court Of Madhya Pradesh
                   CONC No. 1115 of 2021
                     (GOVIND KAMRA AND OTHERS Vs SHIVANI PANDEY)

Gwalior, Dated : 15-03-2022
      Shri N.K.Gupta, Senior Advocate with Shri S.D.Singh, Advocate for

the petitioners.
      Shri Ankur Mody, Advocate for the respondent.

In compliance of the order passed by this Court on 28/02/2022, Shri Seetaram Verma, Ms.Sharda Pathak and Ms. Shivani Pandey are present in

Court.

Shri M.P.S.Raghuvanshi, Additional Advocate General and Shri Deepak Khot, Advocate are also present.

Shri Gupta, while referring to the order passed by this Court on 28/02/2022, submits that it is a case of blatant violation of the mandate of Court order tantamounting to obstruction in the course of justice and in a way constitutes criminal contempt of Court, inasmuch as despite the order passed by Division Bench on 15/11/2019 in W.A. No.1771/2019

directing the respondents to pass speaking order in the matter of mutation in record of lands, in terms of the decree passed by the Court of competent jurisdiction on 19/4/1995 confirmed vide order dated 8/9/2017 passed in S.A. No. 282/1999, there was no compliance of the Court order, instead, the case was closed by an undated order, which is disputed by Ms. Sharda Pathak, the present Tahsildar, stating that the case was closed on 24/11/2020. However, she does not dispute that there was no speaking order passed by the then Tahsildar Shri Seetaram Verma as per the record.

It is indeed a case of contempt of Court. There is no explanation forthcoming from Shri Seetaram Verma as to why and under what circumstances he had closed the case on the aforesaid date without passing a speaking order. Instead, he has maintained a blissful silence during the course of hearing.

At this stage, Shri Raghuvanshi submits that indeed the order passed by the Division Bench has not been complied with. He shall seek instructions from Collector, Gwalior ensuring compliance of the Court order and the required correction in the revenue record as per the decree

passed in Civil Suit No.104A/1994, confirmed vide judgment dated 8/9/2017 passed in S.A. No.282/1999 shall be carried out within ten days.

This Court records its displeasure in the obtaining facts and circumstances of the case.

As prayed for, list this case for further orders on 30/03/2022. Shri Seetaram Verma and Ms. Sharda Pathak shall remain present before this Court on the next date.

   (ROHIT ARYA)                                  (MILIND RAMESH PHADKE)
      JUDGE                                               JUDGE

(and)


          ANAND
          SHRIVASTAVA
          2022.03.15
          16:50:04
          +05'30'