The single-judge Bench dismissed a contempt application alleging disobedience of a 1989 order. The Court held that dumping garbage did not constitute changing the nature of land against the terms of the order in question.
Contempt petition dismissed.
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Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3158 of 2018
Applicant :- Mahadeo Opposite Party :- Ram Lakhan And 6 Other Counsel for Applicant :- M.N. Singh,Mahesh Narain Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
This petition alleges disobedience of an order dated 25 October 1989. The Court notes that in the pending Second Appeal, the learned Judge has taken on board the statement made on behalf of the respondents therein that they will not change the nature of the land.
Presently the only ground on which this petition is pressed is that the opposite parties have taken possession of a part of the land and are using it to dump garbage thereon. The dumping of garbage cannot be said to amount to changing the nature of the land.
Consequently and on the allegations so made, this Court finds no ground to entertain this petition in contempt.
The petition is dismissed .
Order Date :- 31.5.2018 Arun K. Singh
2 issues framed by the court
Whether dumping garbage by opposite parties amounts to a ground for entertaining a contempt petition for alleged disobedience of an order.
Whether the impugned order should be enforced in light of pending appeal regarding land nature.
Mahadeo
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
