Dismissed

Babu Singh v. Jitendra Singh @ Guddan Singh and Another

Allahabad HC1 Dec 2020CAPL/4663/2020

Case brief

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What is this about?

Application for contempt against willful disobedience of an interim order regarding land possession. Court noted pendency of Order XXXIX Rule 2A CPC application. Applicant withdrew insistence on proceedings. Application dismissed as not pressed, without barring future relief.

What did the court decide?

Contempt application dismissed as not pressed without carrying any prejudice against applicant to approach the appropriate authority.

Babu Singh Vs Jitendra Singh @ Guddan Singh and Another — Contempt of Court | Allahabad HC (2020)

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Court No. - 71

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 4663 of 2020

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Applicant :- Babu Singh Opposite Party :- Jitendra Singh @ Guddan Singh And Another

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Counsel for Applicant :- Rajjan Singh

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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The applicant is before this Court for a direction to initiate contempt proceedings against the opposite parties for willful disobedience of the interim order dated 17.10.2019 passed in Writ C No. 32973 of 2019 (Babu Singh Vs. State of U.P. and 04 Others). For ready reference, the order dated 17.10.2019 is quoted as under:-

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" Heard Sri Rajjan Singh, learned counsel for the petitioner, Sri H.R Tripathi, learned Standing Counsel for respondent nos.1 and 2.

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Issue notice to respondent nos.3, 4 and 5 returnable within four weeks.

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All the respondents are directed to file their response within the period of four weeks. Rejoinder affidavit to the counter affidavit may be filed within two weeks thereafter.

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List thereafter.

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The contention advanced by learned counsel for the petitioner is that suit was filed against Zila Panchayat for permanent prohibitory injunction in which injuction order has been passed. Subsequently the area has come in the Nagar Panchayat and now Nagar Panchayat is creating trouble on the spot. The dispute though is between the two brothers, the other one has acquired the position having been elected as Chairman of Nagar Panchayat and thus the petitioner's possession is under threat. The application for contempt has also not been disposed of till date.

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In such view of the matter, the petitioner is entitled to protection so far his possession is concerned.

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In the meanwhile, until further orders of this Court, respondent nos.3, 4 and 5 are restrained from interfering with the possession of the petitioner over the land in question. "

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As it has been pressed before the Court that an application under Order XXXIX Rule 2A C.P.C. is already pending consideration, the Court is not inclined to proceed against the opposite parties under Section 12 of the Contempt of Courts

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Act, 1971.

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Once the Court has declined to interfere, learned counsel for the applicant very fairly states that he does not want to press the present contempt application and the same may be dismissed as not pressed.

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The contempt application is accordingly dismissed. However, dismissal of the present contempt application would not come in the way to applicant to press the relief before the appropriate authority.

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Order Date :- 1.12.2020 A.K.Srivastava

Babu Singh v. Jitendra Singh @ Guddan Singh and Another

Case brief

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Babu Singh v. Jitendra Singh @ Guddan Singh and Another

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