This common order in two contempt cases dismissed the petitions. The court held that since a Division Bench modified the impugned order via a writ appeal, the grievance relates to the appeal order, not the original single judge order.
The contempt cases were dismissed; no order as to costs was passed.
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.
THE HON’BLE SRI JUSTICE SANJAY KUMAR
CONTEMPT CASE Nos.96 and 350 of 2016
COMMON ORDER:
These two contempt cases were filed alleging willful disobedience to the order dated 24.12.2009 passed by this Court in W.P.No.22713 of 2004.
However, it is an admitted fact that W.A.No.260 of 2010 was filed by the respondents in the writ petition against the afore-stated order and by order dated 31.03.2015, a Division Bench of this Court modified the order dated 24.12.2009 passed in the writ petition. The observation by the bench to the effect that the writ appeal was disposed of and the order dated 24.12.2009 of the learned single Judge stood modified to the extent indicated clearly puts it beyond doubt that the order in the writ petition merged with the order passed in the writ appeal. Any grievance that the petitioners may have as to noncompliance would therefore have to be in relation to the bench order in W.A.No.260 of 2010 and no allegation of contempt can be made in relation to the order dated 24.12.2009 passed in W.P.No.22713 of 2004.
The contempt cases are accordingly dismissed leaving it open to the petitioners to pursue their remedies insofar as the alleged contempt is concerned before the appropriate forum in relation to the proper proceeding. No order as to costs.
____________________ JUSTICE SANJAY KUMAR Date:17.06.2016
GJ
1 issue framed by the court
Whether contempt can be alleged against an order of the single judge when a Division Bench later modified the order in a writ appeal, causing the single judge's order to merge with the appeal order.
Petitioners
Respondents
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
