MANOJ VINODCHANDRA SHAH Vs. K S PATEL

JUDGEMENT

(1.) This contempt proceedings is initiated alleging willful disobedience of order dtd. 27/6/2017 passed in Special Civil Application 11899 of 2017 where-under, the learned Single Judge had directed the Deputy Collector, Vadodara to pass appropriate order permitting the petitioner to be joined in the proceedings and petitioner being heard on both question of fact and law. It is the grievance of the learned counsel appearing for the petitioner that despite the said order having been affirmed, by the Hon'ble Apex Court while disposing of Special Leave Petition namely, dismissing the Special Leave Petition on 5/3/2019, yet the Deputy Collector, Vadodara did not implead the petitioner though an application was filed and has proceeded to pass the order on merits on 12/3/2020. Hence, it is contended there is willful disobedience of the order dtd. 27/6/2017.

(2.) At the outset it requires to be noticed that order which is alleged to have been violated has been passed on 27/6/2017 which has been affirmed by the Hon'ble Apex Court vide order dtd. 5/3/2019. Thus, petitioner herein ought to have file the petition for contempt within one year from the date of cause action arose as contemplated under Sec. 20 of the Contempt of Courts Act, 1971 . Having not done so, the petition is liable to be dismissed on the ground of limitation; (ii) even on merits, this Court would not be in a position to examine the claim for the simple reason that pursuant to the direction dtd. 27/6/2017 issued to the Deputy Collector, to pass orders on merits after impleading the petitioner, he has proceeded to pass the order on 12/3/2020 without impleading the petitioner. Said order is also said to have been challenged by the petitioner before the appropriate forum. If it is so, question of examining as to whether the Deputy Collector was justified in not impleading the petitioner as party would not be in the realm of this proceedings. Hence, contempt petition/application stands dismissed.