JANAKBHAI JASHUBHAI PATEL Vs. PARSHURAMDAS

JUDGEMENT

(1.) The present application, filed under the Contempt of Courts Act , 1971 (for short "the Act"), contains following prayer:

(2.) As the prayer suggests that the applicant is seeking initiation of the contempt proceedings for violation of the observations made by this Court in the judgement dtd. 24/9/2018 passed in the captioned first appeal more particularly, paragraph No.14.

(3.) Learned advocate Mr.Prasad appearing for the applicant has submitted that as on today, the respondent No.1 as well as other respondents are continuously violating the observations made by this Court. It is submitted that in fact, Pujari- respondent No.1 has misused his position and is dealing with the affairs of the Temple as well as the Trust, despite the directions issued by this Court. It is submitted that the order of the Charity Commissioner has been affirmed and hence, the order dtd. 16/1/2016 is required to be implemented. It is submitted that there has been continuous defiance of the aforesaid order and hence, while placing reliance on the judgement of the Apex Court in the case of Om Prakash Jaiswal Vs. D.K.Mittal and Anr. dtd. 22/2/2000 passed in Appeal (Civil) No.1632 of 1990, he has submitted that the contempt proceedings are required to be initiated and the respondents should be prosecuted under the Act. Further reliance is also placed by him on the judgement of the Apex Court in the case of Firm Ganpat Ram Rajkumar Vs. Kalu Ram and Ors. , AIR 1989 S.C. 2285 as well as the decision of the Division Bench of this Court in the case of Manoj Vinodchandra Shah Vs. K.S.Patel, Deputy Collector dtd. 6/6/2022 passed in Misc. Civil Application No.370 of 2022. Thus, it is submitted that the present case is of continuous defiance of the directions issued by this Court and hence, appropriate action is required to be taken against the respondents more particularly, respondent No.1.