ANIL KUMAR SHARMA Vs. SHIV PRASHAD KADAM NAKATE

JUDGEMENT

(1.) Notice. Mr. Yash W. Chauhan, Advocate, accepts notice on behalf of respondents.

(2.) On the other hand, learned counsel for the petitioner states that as the case for exchange of land of the petitioner has not till date been decided by the authority concerned in his favour, therefore, there is a clear contempt made out.

(3.) Having heard learned counsel for the parties, this Court concurs with the submissions made by learned counsel for the respondents that the present Contempt Petition is completely misconceived. All that this Court observed in its order dated 28.11.2019, when learned counsel for the petitioner stated that though the land stood allotted to the petitioner, however, he intended to approach the authority, seeking exchange thereof was that petitioner can take recourse to such remedies as are available in accordance with law. In case, petitioner has availed any such remedy and no decision is being taken on his representation etc., if any, filed, then the proper course for him to approach the appropriate Court of law, seeking an appropriate direction in this regard. But contempt cannot be alleged as in the absence of there being a direction issued by the Court which stands willfully disobeyed, the power of contempt cannot be used as a tool either by the party or by the Court to force the other party to do an act, qua which there is no command in the main order. Accordingly, as this petition is misconceived, the same is dismissed, at this stage itself. Pending miscellaneous applications, if any, stand disposed of.