OM PRAKASH JAISWAL Vs. D K MITTAL

JUDGEMENT

(1.) This appeal is directed against an order dated 23-11-1989 passed by the High Court of Allahabad whereby proceedings under Section 12 of the Contempt of Courts Act, 1971 (hereinafter 'the Act', for short) have been directed to be dropped as barred by Section 20 of the Act.

(2.) We are not concerned with the merits of the allegations made by the appellant and denied by the respondents, constituting the gravamen of alleged contempt. We are concerned only with the question whether the bar created by Section 20 of the Act was attracted to the facts of the case or not.

(3.) It appears that the appellant was sought to be dispossessed by the Nagar Mahapalika, Allahabad and Allahabad Development Authority by demolishing and removing certain construction existing over a piece of land. The appellant filed a Civil Miscellaneous Writ Petition No. 20471 of 1986 before the High Court of Allahabad seeking a writ or direction commanding the respondents not to dispossess or interfere with the possession of the appellant. On 19-12-1986 Shri A. K. Mohiley, the learned counsel appearing on behalf of the respondents gave an undertaking before the Court in the following terms: