SHIVINDER SINGH Vs. SETTLEMENT OFFICER SDM NAJAFGARH

JUDGEMENT

(1.) BOTH the matters are interlinked and have been taken up together. The counsel for the petitioner requests for adjournment on the ground of non availability of Mr N. S. Vasisht counsel for Shri Shivinder Singh, the petitioner in CM (M)560/2007. Mr N. S. Dalal, counsel for Mr Lokvir Singh petitioner/applicant in the contempt case strongly opposes the adjournment and contends that Mr Shivinder Singh has been delaying both the proceedings. In the circumstances Mr N. S. Dalal, Advocate for Mr Lokvir Singh has been heard and the record perused. The matters have been pending for the last over two years and it is not deemed expedient to adjourn this hearing on the ground of non-availability of the advocate.

(2.) MR Shivinder Singh had filed WP (C) 569/1992 in this court and which was disposed of vide judgment dated 6th December, 2004. The matter was remanded to the Consolidation Officer/tehsildar to re-determine the location of khasra no. 63/2 (West) as originally carved out at re-partition and it was further directed that the said land would be the one which has to be restored to the petitioner Shri Shivinder Singh.

(3.) MR Lokvir Singh who was respondent no. 3 in the writ petition aforesaid filed contempt case No. 763/2006 which was disposed of vide order dated 15th September, 2006. It is significant that Mr Shivinder Singh was not made a party in the said contempt case and the court also had not issued any notice of the contempt case to him. The contempt was filed against the Consolidation Officer/tehsildar, nazafgarh only, for having, in pursuance to the judgment dated 6th December, 2004 in the writ petition, dealt with the matter and passed the order without regard to the scope of the remand as indicated in paras 21-25 of the judgment.