KALYAN SINGH KURRE Vs. LALITA BAI

JUDGEMENT

(1.) Heard on I.A.No.2/15 filed on behalf of the applicant regarding penalizing the Town Inspector for non-compliance of the order dated 17-08-2015.

(2.) Learned counsel for the applicant submitted that this Court vide order dated 17-08-2015 ordered that Town Inspector shall ensure the compliance of the order of the Court by taking appropriate steps against the respondent. Learned counsel further submitted that in M.A.No.41 of 2015 the Court ordered that the parties shall remain in status quo for the land bearing Khasra No.1126/7 until further orders. But, the respondents in M.A.No.41 of 2015 were making construction in the said survey number and the matter was reported to the Town Inspector and he remained inactive and he did not comply with the order of this Court. Therefore, he be penalized for the non-compliance of the order.

(3.) After perusal of the instant contempt case (c), it goes to show that neither the Town Inspector is a party to the present matter nor any application has been filed to implead the Town Inspector as a party before appreciation regarding penalizing for non-compliance of the order. As per settled law, a person has to be given an opportunity in a matter appropriately filed under the law against him.