AJAB LAL Vs. RAKESH KUMAR MISHRA

JUDGEMENT

(1.) This contempt petition has been filed alleging disobedience of the orders passed by the Board of Revenue, U. P. in Second Appeal No. 48 of 1995-96 and it is alleged that in spite of the restraint order, and the subsequent orders passed by the Board, the opposite party Nos. 4 and 5 in particular have proceeded to raise construction over the land in dispute. It is further alleged that the other opposite parties have abetted the same by permitting the raising of such constructions hence a clear case of contempt is made out making the opposite parties liable for the same and therefore, this Court should proceed in exercise of its power under Article 215 read with the Contempt of Courts Act, 1971 to punish the opposite parties for wilfully and deliberately defying the orders passed by the Board of Revenue.

(2.) Notices were issued by this Court on 9/4/2004 calling upon the opposite party Nos. 1, 4 and 5 to answer this contempt petition. The opposite party No. 1 who is the Sub- Divisional Magistrate, Phoolpur, Allahabad had filed a counter affidavit stating therein that the said opposite party has not permitted the raising of any constructions and, rather to the contrary, has passed orders on 27/11/2003 to stop any constructions which were being attempted by the opposite party Nos. 4 and 5. It is urged that the said orders are already contained in Annexure 4 to the application.

(3.) A rejoinder affidavit has been filed to the said counter affidavit of the opposite party No. 1 and the report of the office dated 27-5-04 indicates service on the opposite parties Nos. 4 and 5 through the brother- in-law of the opposite party No. 4. However neither any counsel has put in appearance nor opposite parties Nos. 4 and 5 are represented.