The applicant challenged an order by the Consolidation Officer as disobedience of earlier court orders staying cancellations. The court held the order arose in course of consolidation, lacked connection to writ issues, and was a fresh cause of action, not contempt. Petition dismissed.
Contempt application dismissed; no relief granted.
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Court No. - 59 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3000 of 2018 Applicant :- Jyoti Prakash Opposite Party :- Ajay Poorwal, Consolidation And 4 Ors. Counsel for Applicant :- Rahul Kumar Tyagi
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
This petition alleges disobedience of the orders dated 9 September 2015 and 22 January 2016 in terms of which the orders of cancellation of the pattas allegedly granted to the applicant under the provisions of the U.P.Z.A. & L.R. Act, 1950 were stayed by the Court.
The sole ground on which this petition is pressed is an order passed by the Consolidation Officer and according to the applicant this clearly amounts to a wilful and deliberate disobedience. The Court finds no merit in this submission since admittedly the order passed by the Consolidation Officer has been made in the course of consolidation operations. It is shown to have no connect with the issues raised in the writ petition.
Consequently, while this order may give rise to a fresh causeof-action, it cannot be viewed as contempt of the order passed by the Court.
The petition is consequently dismissed .
Order Date :- 29.5.2018 Arun K. Singh
1 issue framed by the court
Whether an order by the Consolidation Officer during consolidation operations amounts to a wilful disobedience of prior court orders warranting contempt.
Jyoti Prakash
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
