The Court held that a writ petition cannot be used to initiate contempt proceedings or direct fund disbursement. The petitioner was advised to file a separate contempt petition or approach the competent civil court.
The writ petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.12373 of 2020
HON’BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ
HON’BLE DR. JUSTICE B.R. SARANGI
ORDER
The Court is convened through Video Conferencing.
This writ petition has been filed by the petitioner with a
prayer to issue appropriate writ initiating contempt proceedings against the opposite parties for not complying with the order dated 14.10.2019 passed in W.P.(C) No.12993 of 2019 wherein they were directed to decide his representation within six weeks. Further prayer is made to direct opposite party nos.1 to 3 to disburse the entire fund to opposite party no.4 within a stipulated period.
No such writ, as has been prayed, for initiating contempt proceedings can be issued by the Court in the writ petition for non compliance of the aforesaid order. Remedy of the petitioner, if he is so advised, would be to move the contempt petition. So far as other prayer regarding direction to opposite party nos.1 to 3 to disburse the fund is concerned, the same also cannot be entertained in the scope of writ petition. However, the petitioner, if so advised, may approach the competent civil court.
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The writ petition accordingly dismissed being not maintainable.
As Lock-down period is continuing for COVID-19, learned counsel may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
SKG/MP
(Dr. B.R. Sarangi) Judge
(Mohammad Rafiq) Chief Justice
2 issues framed by the court
Whether the Court can issue a writ to initiate contempt proceedings for non-compliance with an earlier order in the same matter within a writ petition
Whether the Court can direct respondents to disburse funds within a stipulated period in a writ petition
Petitioner
Opposite party nos.1 to 3
Opposite party no.4
Mohammad Rafiq
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
