WPMS/2022/2022
2022 Latest Caselaw 2680 UK

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                                  WPMS No. 2022 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Heard Mr. Atul Kumar Bansal, Advocate for the petitioner.

Petitioner filed a suit for permanent injunction against Nagar Panchayat Mahuadabra in District Udham Singh Nagar, which was decreed by learned trial Court vide judgement dated 30.07.2005. The said judgment has attained finality in the absence of any challenge by Nagar Panchayat.

According to the petitioner, since officials of Nagar Panchayat were violating the decree passed by trial Court, therefore, an application was filed for initiating contempt proceedings against them. In the said contempt application, the Chairman, Executive Officer and Ward Members of Nagar Panchayat, Mahuadabra were impleaded as defendant in their official capacity.

Learned trial Court rejected the said application vide order dated 31.05.2022. Thus feeling aggrieved by order dated 31.05.2022, petitioner has filed this writ petition.

I have gone through the order passed by learned First Additional Civil Judge, Kashipur, District Udham Singh Nagar in Misc. Civil Case No. 1 of 2021. Learned trial Court has rightly held that it does not have power to initiate proceedings under Contempt of Courts Act, 1971. Learned trial Court has also observed that the proper remedy in the matter would be to file execution case under Order 21 Rule 32 CPC.

This Court concurs with the view taken by learned trial Court. Thus, there is no scope for interference in the matter.

However, having regard to the facts of the case, writ petition is disposed of with liberty to petitioner to file proper application under Order 21 Rule 32 CPC.

(Manoj Kumar Tiwari, J.) 26.08.2022 Navin