The court considered an application for initiating contempt proceedings regarding the applicant's failure to join the allotted place despite being relieved of a relief after the writ court order. The court found no need for interference as the applicant was already relieved.
Contempt application dismissed.
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Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 586 of 2020
Applicant :- Veer Singh Opposite Party :- Sri Raj Krishan Maurya, Settlement Officer Consolidation , Badaun Counsel for Applicant :- Diwakar Singh Counsel for Opposite Party :- Manu Saxena
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 16.11.2019 passed in Writ-A No.17718 of 2019 (Veer Singh v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 16.11.2019 is quoted as under:-
"An order of transfer dated 26.08.2019 is assailed on the ground that by virtue of Rule 3(B) of U.P. Consolidation Lekhpal Service Rules, 2006, the order of transfer could have been passed only by the Settlement Officer Consolidation and that the order of the District Magistrate/ District Deputy Director of Consolidation is wholly without jurisdiction. Reliance is also placed upon an interim order granted by this Court in Writ Petition No. 21976 of 2013.
Learned Standing Counsel may obtain instruction in the matter.
Post as fresh on 26.11.2019.
Till then petitioner shall not be relieved unless he has already been relieved."
On the matter being taken up today, in response to the order dated 13.02.2020, Shri Devesh Vikram, learned Standing counsel has placed the instruction dated 26.02.2020 sent by opposite party. The same be taken on record.
Bare perusal of the said instructions, it is apparent that the applicant was relieved way back to the passing of writ court order dated 16.11.2019 but he has not joined the place till date, in such a situation, this Court is of the considered opinion no interference is required in the matter.
With these observations, the Contempt Application is dismissed .
Order Date :- 4.3.2020 A. Pandey
Veer Singh
Sri Raj Krishan Maurya
Mahesh Chandra Tripathi
As recorded by the court registry
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