This single-paragraph contempt application was dismissed as the judge found no wilful violation of the interim status quo order, despite documentary evidence showing possession transfer.
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Court No. - 5
Case :- CONTEMPT APPLICATION (CIVIL) No. - 333 of 2011
Applicant :- Shankar Opposite Party :- Arun Tripathi Dy.Director Of Consolidation Ghazipur And Others Counsel for Applicant :- R. S. Kushwaha
Counsel for Opposite Party :- S.C.,P.K.Verma,R.P. Singh,Shyam Sunder Maurya
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant and the learned counsel for the respondents.
This contempt application has been filed alleging that the respondents have wilfully disobeyed the interim order dated 12.08.2010 in Writ B No.47766 of 2010 (Shankar Vs. Dy. Director Of Consolidation Ghazipur and others) whereby the Writ Court directed to maintain status quo with regard to the disputed Chak . Perusal of the paragraph 12 of the counter affidavit dated 07.03.2011 filed by Sri Arun Kumar, Dy. Director of Consolidation, District - Ghazipur, shows that the possession was transferred on 28.04.2010. The averment made by Dy. Director of Consolidation is supported by documentary evidences i.e. the extract of Proceedings Book demonstrating the transfer of possession on 28.04.2010. To the same effect an affidavit of compliance has also been filed by the other respondents.
In view of the aforesaid, I do not find that the interim order of the Writ Court has been wilfully violated.
The Contempt Application is dismissed .
Order Date :- 26.11.2019/vkg
Shankar
Arun Tripathi
Surya Prakash Kesarwani
As recorded by the court registry
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