RAM SINGH Vs. GOVIND RAM

JUDGEMENT

(1.) The present contempt petition has been filed stating that the Respondent, Addl. Distt. Magistrate/Collector (West), has not complied with the order dtd. 20/3/2012 passed by a coordinate Bench of this Court in W.P. (C) 5095/2011, whereby this Court directed as under:

(2.) The Petitioner herein is aggrieved by the order dtd. 20/1/2017 passed by the Respondent in pursuance to the remand issued by this Court vide its order dtd. 20/3/2012. In this petition, the Petitioner, in addition to seeking initiation of contempt proceedings is also seeking setting aside of the order dtd. 20/1/2017 ('impugned order') and a direction to the Petitioner to re-decide the application seeking condonation of delay.

(3.) Learned Counsel for the Petitioner states that the Respondent has not complied with the order dtd. 20/3/2012 of this Court inasmuch as the Respondent while passing the impugned order dtd. 20/1/2017, ignored the observations made and directions issued by this Court and has erroneously relied upon the earlier order dtd. 12/12/2007 passed by the Addl. Collector (West) and order dtd. 17/2/2011 passed by the Financial Commissioner. He states that the Respondent while passing the said impugned order has acted as an appellate Court above this Court and has not only upheld the orders dtd. 12/12/2007 and 17/2/2011, but virtually set aside the order dtd. 20/3/2012 passed by this Court.