Punjab-Haryana High Court
Gurcharan Singh vs D P S Kharbanda And Ors on 21 November, 2024
Neutral Citation No:=2024:PHHC:153271
COCP-2791-2016 (O&M) --1--
104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
COCP-2791-2016 (O&M)
Decided on:-21.11.2024
Gurcharan Singh ....Petitioner..
vs.
Sh. D.P.S. Kharbanda, Chief Sales Commissioner-cum-Deputy
Commissioner, Ferozepur and others ...Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. P.S. Khurana, Advocate for the petitioner.
Mr. Sandeep Khunger, Advocate and
Mr. Saksham Khunger, Advocate,
for the respondents.
*****
HARKESH MANUJA J. (Oral)
1. By way of present petition, prayer has been made for initiation
of contempt proceedings against the respondents on account of alleged
willful non-compliance of order dated 23.09.2011 passed by this Court in
CWP-18018-2011. The operative part thereof is reproduced hereunder:-
"Present petition is disposed of with direction to the
Sales Commissioner-cum-Collector shall record specific finding on
the legal effect of Civil Court's judgment and decree. He shall also
record definite finding on the question as to whether respondents'
claim in view of Civil Court's judgment is time barred and can be
permitted to be raised once again after the judgment of Civil Court.
Entire exercise shall be completed by the Sales Commissioner within
60 days from the date certified copy of this order is placed before
him."
2. Learned counsel for the petitioner submits that while passing
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Neutral Citation No:=2024:PHHC:153271
COCP-2791-2016 (O&M) --2--
the order dated 31.05.2016, the Sales Commissioner, Zira did not record any
finding on the legal effect of Civil Court's judgment and decree and thus,
violated the order passed by this Court.
3. I have gone through the contents of the order dated 31.05.2016
passed by the Sales Commissioner, Zira in terms of order passed by this
Court on 23.09.2011.
4. A perusal of the order dated 31.05.2016 passed by the Sales
Commissioner, Zira, reflects that the decree passed by the Civil Court was
though considered yet, not relied upon while recording that the same was
obtained by hiding certain facts.
In such circumstances, once the effect of decree was discussed
and dealt with by the Sales Commissioner, Zira while passing the order
dated 31.05.2016, no finding can be recorded towards willful non-
compliance of the order dated 23.09.2011 passed by this Court, as in the
contempt jurisdiction, the scope of discretion or reasoning recorded by the
Sales Commissioner, Zira cannot be gone into.
Moreover, it has been informed that the petitioner assailed the
order dated 31.05.2016 passed by the Sales Commissioner, Zira by way of
an appeal before the Chief Sales Commissioner, Ferozepur, which also came
to be dismissed vide decision dated 30.03.2017.
5. In view of the aforesaid discussion, no case is made out for
proceeding against the respondents in the contempt jurisdiction. Thus, the
main petition is dismissed. Rules stands discharged.
21.11.2024 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/ No
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