BHUPINDER SINGH Vs. B.S. SEKHON

JUDGEMENT

(1.) THIS contempt petition filed under Sections 10 & 12 of the Contempt of Courts Act, 1971, prays for initiation of contempt proceedings against the respondents for non-compliance with order dated 1.11.2004, passed by this Court in Civil Revision No. 2834 of 2004. It is appropriate to mention that in the aforementioned order dated 1.11.2004, direction was issued to respondent No. 1 to deposit the amount of compensation to the petitioners in lieu of their land acquired by the State of Punjab. The operative part of the order dated 1.11.2004 reads as under :

(2.) THEREAFTER , the petitioners through their counsel served legal notice dated 15.2.2005, calling upon the respondents to deposit the amount of compensation enhanced by the learned Reference Court, in the learned Executing Court (Annexure P-1). In response to the legal notice, respondent No. 1 is stated to have issued a letter dated 23.2.2005, to respondent No. 2 informing him that the land was acquired for their department and the compensation was to be paid by them. It was further stated that earlier also respondent No. 2 had been informed for depositing the amount of enhanced compensation in compliance to order of this Court vide letter dated 30.12.2004. It has been alleged that respondent No. 2 has willfully, intentionally and on extraneous considerations disobeyed the order passed by this Court on 1.11.2004 and, therefore, he is liable to be prosecuted for intentional disobedience of the order passed by this Court.

(3.) IN pursuance to the direction issued on 9.3.2006, affidavit dated 18.3.2006, has been filed by the petitioner by deposing that Award No. 9, dated 1.4.1999, in respect of which enhanced compensation was required to be disbursed to the petitioners was transferred to respondent No. 2 by the Sub Divisional Magistrate, Anandpur Sahib, through Special Messenger vide letter No. 1399/Reader, dated 11.5.2004. The letter dated 20.5.2004, has also been placed on record along with the detailed list of various awards transferred to respondent No. 2. In the aforementioned list, case file of Award No. 9 has been shown at Serial No. 9.