MANGLA DIXIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE grievance made in this contempt Petition is that the order dated 13. 12. 96 passed by the learned Single Judge of this Court in Writ Petition No. 4841/91 has not been complied with so far by the respondents.

(2.) BEFORE filing of this Contempt Petition, the petitioner filed second writ petition before this Court which was dismissed in 1988 on the ground of res judicata. It is only thereafter this Contempt Petition was filed in 1998 knowing fully well that the period of limitation for filing Contempt Petition under the Contempt of Courts Act has already expired, therefore to circumvent the bar of limitation as provided under the Contempt of Courts Act, this Contempt Petition is labelled under Article 215 of the Constitution of India. No doubt, it is true that the powers under Article 215 of the Constitution are independent of the powers of the Contempt of Courts Act but this Court cannot overlook the fact that the petitioner has not earlier thought it fit to file Contempt Petition well in time under the Contempt of Courts Act and instead preferred to file second writ petition. It was only after the dismissal of the second petition when the petitioner realised that the period of limitation expired under the Contempt of Courts Act, therefore, he has filed this petition under Article 215 of the Constitution. When such objection is raised by the other side, then there is no option for this Court but to accept it.