CLCON/188/2021
2021 Latest Caselaw 2530 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
           ON THE 22ND DAY OF JULY, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 188 of 2021

BETWEEN:

Smt. Leelawati.                                    ...Petitioner
     (By Mr. B.M. Pingal, Advocate)

AND:
Mr. Dilip Singh Kunwar & another.            ....Respondents
     (By Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)


                         JUDGMENT

This Contempt Petition has been filed alleging willful disobedience of the order dated 17.03.2021 passed by Division Bench of this Court in Criminal Writ Petition No. 457 of 2021. By the said order, respondents were directed to immediately provide police protection to the petitioner, not only for protecting her life; but, also to protect her movable and immovable properties from respondent nos. 4 to 7 in the writ petition.

2. A response affidavit has been filed on behalf of respondent no. 2. The stand taken by the respondents in the response affidavit is that petitioner has two houses, out of which, one is possessed by petitioner herself; while, another house is possessed by her two daughters.

3. Learned Standing Counsel submits that petitioner wants her daughters to be dispossessed from another house under the garb of the order dated 17.03.2021 passed by Division Bench of this Court. He also submits that daughters of the petitioner can be dispossessed from the said house only after the judgment by competent Court of law and a Civil Suit is already pending between the parties before learned Civil Judge, Khatima. Thus, according to learned Standing Counsel, it is not a case of willful disobedience and the respondents have provided full security to the petitioner, not only for protecting her life; but, also to protect her movable and immovable properties. In support of his submission, he has referred to paragraph no. 5 of the said affidavit, wherein it has been stated that police protection is being provided to the petitioner and for her properties by the concerned police station on day-to-day basis and entry regarding the same is being made in the general diary of the police. The copy of general diary has been brought on record as Annexure No. CA-1 to the response affidavit.

4.         This     Court      finds      substance     in      the
submission     made      by    learned     Standing     Counsel.

Petitioner cannot be put back in the house by evicting her daughters by the police authorities in terms of the interim order passed by Division Bench of this Court. Such a relief can only be granted by the Competent Civil Court.

5. Since the only direction issued to the respondents was to provide protection to the petitioner and, as per the statement made in the response affidavit, such protection is being granted,

therefore, this Court is of the considered opinion that it is not a case of willful disobedience of the order passed by this Court.

6. Accordingly, the contempt petition is closed. Contempt notices issued to the respondents are hereby discharged.

(MANOJ KUMAR TIWARI, J.) Arpan