KESHRIMAL GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a proceeding under the Contempt of Courts Act. Shri M. K. Gautam, naib-Tahsildar, Mandsaur, by his application dated 7 December 1966 moved this court for taking action against Keshrimal Gupta for having committed contempt of his Court.

(2.) THE applicant is a Naib-Tahsildar. The Sub-Divisional Officer, Mandsaur, vide his order dated 14 December 1965. In revenue case No. 90-A/73 of 1965-66, appointed him as Enquiry Officer under Section 30 of the M. P. Land Revenue Code, 1959. The case referred to the applicant was of illegal cutting of a tamarind tree by one Chandanmal son of Nathulal of village Afjalpur. The alleged act of chandanmal was in violation of Rule 2 (iii), framed under Section 240 of the M. P. Land Revenue Code, 1959, liable to be punished under Section 253 of the Code.

(3.) THE applicant states that in response to a show cause notice, Chandanmal admitted the alleged act of cutting the tamarind tree but pleaded that he had done so at the instance of the Sarpanch Keshrimal Gupta, the contemner. Since the sarpanch had no authority to grant such permission, he was called upon to explain it. The contemner was the Sarpanch of Afjalpur Gram Panchayat on that date. The contemner (vide his letter dated 15 April 1966) replied that permission was granted by him under Section 54 of the M. P. Panchayats Act. In his letter, containing the said reply, the contemner employed the following expression also:-