DHARMDEO SINGH Vs. STATISH KUMAR

JUDGEMENT

(1.) NOTICE of contempt of court was issued to Opposite Party No. 3 by this Court on 2 -8 -1984 for non -compliance of the order of this Court passed in Writ Petition No. 12997 of 1983, whereby Additional District Magistrate. Varanasi was directed to restore to the Petitioner his fire arm licence as well as the fire arm within a period of two weeks from the date of production of the certified copy of the order passed by this Court. The said certified copy was produced before the Additional District Magistrate on 25 -5 -84 and in pursuance thereof he passed the order dated 29 -5 -1984 directing the opposite party No. 3, the Station Officer, Police Station Syed Raza, Varanasi, to hand over the licence and the fire arm to the Petitioner, but it was never complied with and thereby he violated the order of this Court.

(2.) IN the Counter affidavit the only plea taken is that the applicant did not meet him at the Police Station to enable him to restore the licence and the fire arm to the Petitioner. This assertion is, however, challenged in the rejoinder affidavit and it is reiterated that the Petitioner had met the Opposite Party No. 3 and he had deliberately not returned the gun and the licence to him.

(3.) IN case or Narain Singh, Petitioner v. S. Hardayal Singh Harika, Executive Officer, Municipal Committee, Patiala, Respondent : AIR 1958 P&H 180 it was held as under: