On an application for civil contempt, the Court found no deliberate wilful disobedience of the impugned order regarding the impleadment of an incumbent. The application was dismissed as devoid of merit.
The contempt application was dismissed and there was no need to implead the present incumbent.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| Impleadment Appl. No. 6758 of 2022 In CLCON No. 510 of 2017 Hon’ble S.K. Mish r a, J. |
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| Mr. J.S. Bisht, the learned Standing Counsel and Mr. H.M. Raturi, the learned counsel for the respondents. This is an application for civil contempt. Nobody appears for the petitioner. The petitioner/ complainant states that there has been a violation of the order dated 21.11.2016 passed by the Co- ordinate Bench of this Court, in WPMS No. 3025 of 2016, at paragraph 4. We find it appropriate to quote paragraph of the order dated 21.11.2016. The same reads as under: - “4. Heard learned counsel for the parties and have perused the papers available on record. As far as contention of the learned counsel for the petitioner that the petitioner is the actual owner of the property in question ad the land has been transferred in favour of respondent no. 3 illegally is concerned, it will be open for the petitioner to approach the Civil Court for the cancellation of that sale deed. Another issue, which has been raised by the learned counsel for the petitioner, is that the land in question belongs to the Scheduled Cast and the said land could not be transferred without prior permission of the Collector, the petitioner has already approached the District Magistrate, Dehradun. Learned Standing Cousenl submitted that the District Magistrate, Dehradun will get the matter inquired and will pass the appropriate orders in the matter.” The petitioner states that the second limb of the order i.e. the Magistrate shall inquire into the matter and pass appropriate order has been violated. |
| This Court is of the opinion that there is no deliberate and wilful disobedience of the Court’s order. Hence, this contempt application being devoid of merit, is dismissed. There is no need to implead present incumbent in this case. |
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| ( S.K. Mish r a, J.) 0 4 .0 7 .2 0 2 2 PV |
1 issue framed by the court
Whether there was deliberate and wilful disobedience of the interlocutory order dated 21.11.2016 by impleading the respondent.
The Petitioner/Complainant
The Respondents
S.K. Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
