STATE OF UTTAR PRADESH Vs. BEHARI LAL

JUDGEMENT

(1.) This reference under Section 12 of the Contempt of Courts Act was registered by the order of Chief Justice dated 1-8-1996 on the request of the then District Magistrate Hamirpur made through letter dated 27/04/1996.

(2.) In a suit instituted under Sections 229B/209/202 of the U.P.Z.A. and L.R. Act, an order was passed on 14-12-1991 in exercise of power under Section 229-B which was made absolute on 12-2-1992 in case No. 334/123/35 of 1986-87 Nagar Palika Rath v. Ayodhya Prasad and others. It is alleged in the reference that Bihari Lal, Amar kumar and Arvind have willfully disobeyed the orders dated 14-12-1990 and 12-2-1992 passed by S.D.M. in which they were restrained from using the water of pond in dispute for irrigation or altering the shape of the pond. It transpires from the record, that notices have not yet been issued to the Opp. Parties.

(3.) Heard Sri Satish Chand Rai, Addl. Chief Standing Counsel. In the light of the materials on record and the submissions made at the bar, the following questions crop up for determination. 1. Whether S.D.O./Asstt. Collector, Ist Class exercising jurisdiction under Section 229 B of the Z.A. and L.R. Act is a Court within the definition of Section 2-B of the Act ? 2. Whether any proceeding could be launched under The Contempt of Courts Act for alleged wilful disobedience of order passed under Section 229B of the U.P.Z.A. and L.R. Act.? 3. Whether the present proceedings are barred under Section 20 of the Contempt of Court Act and/or no proceedings could be initiated under The Contempt of Courts Act.