SHAMSHUL HASAN Vs. KUBER NATH

JUDGEMENT

(1.) THIS is a petition for taking action against respondents for having committed contempt of this Court. The applicant prays that action be taken under Section 10 of the Contempt of Courts Act (hereinafter called the Act), which deals with the High Court's power to punish for contempt of courts subordinate to it. 'the petition, however, does not disclose any order of any court subordinate to this Court which has been disobeyed. The apiplicatiqn under Section 10 is thus not maintainable.

(2.) SO far as disobedience of this Court's order is concerned, no specific order has been mentioned which might have been disobeyed, An order has, however, been filed as annexure 4 to the affidavit. This order was passed on 13-6-1972 in Writ Petn. No. 3755 of 1972 (All) (Shabuddin Khan v, Divisional Forest. Officer ). Learned Standing Counsel has pointed out that in this petition the present petitioner was not even a party and no particulars of disobedience have been given. Learned Counsel for the applicant submitted that the order Annexure-1 to the affidavit was disobeyed, This order was an interim. order passed on 11-11-1971. In this order the petitioner was restrained from cutting green trees but was permitted to cut dry trees, and the State was restrained from interfering with such cutting. The special appeal in which this order was passed was dismissed on 5-4-1972 and the order must be deemed to have come to an end with the final disposal of the special appeal. Thus there is no particular order filed along with this application-which may have been disobeyed. Section 20 of the Act provides that:

(3.) AN application to initiate proceedings for action an the ground that civil contempt has been committed must contain, a copy of the order of the court alleged to have been disobeyed, the date on which it was disobeyed, the manner in which it was disobeyed and the name of the person who disobeyed it. The present application does not contain the required particulars.