SUNITA AGNIHOTRI Vs. SURAJ SINGH

JUDGEMENT

(1.) This contempt appeal has been filed against the orders of a learned single Judge of this Court dated 28.9.2004, 1.11.2004 and 2.11.2004 passed in Civil Misc. Writ Petition No. 6490 of 1993, Rajendra Kumar and Anr. v. Board of Revenue and Ors..

(2.) It appears that the learned single Judge, who was hearing a writ petition, also assumed the powers of contempt of court. By his order dated 28.9.2004 he issued notices to the transferees of certain land to show cause as to why they should not be punished for wilful disobedience of the order of the Court dated 9.11.2003. Thereafter by the order dated 2.11.2004 he impleaded some parties, but exempted the personal presence of the transferees till the next date.

(3.) In our opinion, when a learned single Judge of this Court is hearing a writ petition, he is ordinarily not entitled to exercise the power of contempt of court. The jurisdiction of hearing contempt of court matters is allocated by Hon'ble the Chief Justice to some Bench/learned single Judge. When a learned single Judge hearing a writ petition passes an interim order, and if that order is not obeyed, then the same learned single Judge is not authorized to also exercise the power of contempt of court in relation to that matter (unless specifically authorized by Hon'ble the Chief Justice).