A contempt application alleging violation of a writ court's status quo order over disputed property was dismissed: the SDM had in fact directed compliance with the order, no act of contempt by other opposite parties was evidenced, and the applicant's possession claim lacked record support.
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Neutral Citation No. - 2024:AHC:108271
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4272 of 2024
Applicant :- Smt. Pushpa Opposite Party :- Sri Ravendra Singh, Sub Divisional Magistrate And 3 Others
Counsel for Applicant :- Birendra Singh,Brijendra Kumar
Hon'ble Salil Kumar Rai,J.
The present application has been filed pleading that the opposite parties have violated the order dated 14.9.2022 passed by this Court in Writ C No.23902 of 2022 whereby this Court had directed the parties to maintain status quo with respect to the nature and possession of the disputed property.
The documents annexed with the affidavit filed in support of the application show that the opposite party no.1 i.e., Sub Divisional Magistrate has directed the Lekhpal to ensure that the order of the Court is complied with.
In view of the aforesaid, the opposite party no.1 has not committed any contempt of this Court. No action of the opposite party no.2 has been noted in the affidavit indicating that opposite party no.2 has committed any contempt of this Court. So far as opposite party nos. 3 & 4 are concerned, they are legal representatives of the original respondent no.5. There is nothing on record of the present application to show that respondent nos. 3 & 4 had notice of the order of this Court.
Apart from the aforesaid, there is nothing on record to show that the applicant was ever in possession of the disputed property and she has been dispossessed from the disputed property.
The application is dismissed.
Order Date :- 4.7.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the opposite parties violated the Court's status quo order of 14.9.2022 warranting contempt proceedings?
Smt. Pushpa
Sri Ravendra Singh, Sub Divisional Magistrate
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
