ASHU SINGH Vs. RAGHUVEER DAYAL

JUDGEMENT

(1.) THIS contempt petition has been filed under Sec. 12 read with Section 2(b) of the Contempt of Courts Act, 1971 in which it is alleged by the petitioner that in the writ petition filed by the petitioner there was stay operating since 21.09.2000 for maintaining status quo but the respondent contemnor No. 3 sold the property in question by way of registered sale deed on 28.03.2008. The coordinate Bench of this Court after hearing both the parties on 15.01.2013 passed following order:

(2.) IN view of above order, it is abundantly clear that inspite of service of notice of writ petition, the respondent contemnor No. 3 sold the property in question without mentioning in the sale deed that litigation is going on and stay is operating. Meaning thereby, the contemnor respondent No. 3 has violated the stay order granted by this Court, therefore, he is required to be punished for disobedience of the order passed by this Court.

(3.) IN view of above, it is desirable to punish the respondent contemnor No. 3 because he has disobeyed the order passed by this Court. Looking to the facts and circumstances of the case, instead of passing order to send him behind the bars, this Court feels that fine is sufficient for punishment. Accordingly, fine of Rs. 25,000/ - is hereby imposed against the contemnor respondent No. 3 which shall be payable to the petitioner within one month from today failing which the contemnor respondent No. 3 will suffer civil imprisonment for one month and further, the sale of land in question made by contemnor respondent No. 3 shall remain subject to the decision of the writ petition. It is also made clear that property in question shall not be further alienated to anybody.