STATE OF U P Vs. BIHARI 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 27th April, 1996.

(2.) IN a suit instituted under Sections 229B/209/202 of the U.P.Z.A. & 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.) THE second question being significant one having bearing on the other two questions, I propose to deal with it for proper appreciation of the other two questions. By virtue of Section 341 of the U.P.Z.A. & L.R. Act, the provisions of the C.P.C. it is well established by catena of judicial precedents, are attracted for application. Section 341 of the U.P. Z.A. & L.R. Act are excerpted below for ready reference.