CLCON/433/2019
2021 Latest Caselaw 4823 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 30TH DAY OF NOVEMBER, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Contempt Petition No. 433 of 2019
BETWEEN:

Anvar                                        ... Petitioner
     (None present for the petitioner)

AND:

Faiyyaz & others                             ... Opposite Parties

     (None present for the opposite parties)


                      JUDGMENT

1. Petitioner filed WPMS No. 2779 of 2015 challenging the judgments and orders passed by Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation. A coordinate Bench vide interim order dated 05.11.2015 restrained the respondents from creating any third party interest over the property in question.

2. In this contempt petition, it has been stated that despite the interim order of this Court, respondents have cut Eucalyptus and Poplar trees standing over the property in question.

3. Opposite party No. 1 has filed counter affidavit, wherein he has denied creation of any third party interest over the land in question.

4. Even if, the averments made in the contempt petition are taken on its face value then also in the opinion of this Court, no contempt is made out, as respondents were restrained from creation of any third party interest and cutting of Eucalyptus and Poplar trees does not amount to creation of any third party interest.

5. Accordingly, the contempt petition is closed. Notices issued to the opposite parties are hereby discharged.

(Manoj Kumar Tiwari, J.) Aswal