CLCON/557/2021
2022 Latest Caselaw 71 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 7TH DAY OF JANUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

      CONTEMPT PETITION No. 557 of 2021
BETWEEN:
Hari Sharan Shankar Srivastava.                            .....Petitioner
      (By Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Chandra Prakash,
      Advocate, holding brief of Mr. Sunil Chandra, Advocate)


AND:

Yugal Kishore Pant & others.                           ....Respondents
      (By Mr. J.S. Bisht, Standing Counsel for the State of Uttarakhand)


                           JUDGMENT

Petitioner filed Writ Petition (M/S) No. 2368 of 2020 and Writ Court passed the following interim order:

"Issue notices to respondent nos. 2 to 5, returnable within a period of four weeks, by registered post, acknowledgment due. Steps to be taken by 15.03.2021. List this matter after four weeks. Considering the submission advanced by learned counsel for the parties, it is directed that, till the next date of listing, no third party interest shall be created over the property in question and status quo qua the revenue entries in respect of property in question shall be maintained. Interim relief application (CLMA No. 10792 of 2020) stands disposed of."

2. Alleging wilful disobedience of the said order, this Contempt Petition has been filed.

3. This Court vide order dated 04.01.2022 directed petitioner's counsel to supply copy of the contempt petition in the office of C.S.C. Today, on

instruction received from Tehsildar, Gadarpur, learned Standing Counsel made a statement that names of the private respondents in the writ petition were entered in the revenue records in the month of August, 2020 i.e. much prior to filing of the writ petition; while, the interim order was passed on 10.03.2021. The said instruction is taken on record. Learned Standing Counsel, therefore, submits that this is not a case of wilful disobedience of the order, as the revenue entries were altered much before passing of the interim order.

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

5. Since names of the private respondents were recorded in the Khasra in the month of August, 2020, several months prior to filing of the writ petition, therefore, there is no material to proceed against the respondents for contempt.

6. In such view of the matter, the contempt petition is closed.

7. Learned Standing Counsel undertakes to supply copy of instruction received from Tehsildar to petitioner's counsel, during the course of the day.

(MANOJ KUMAR TIWARI, J.) Arpan