JUDGMENT:

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 294 of 1974.

From the Judgment and Order dated 10.4.1978 of the Allahabad High Court in Criminal Misc. Contempt Case No. 115/73.

O. P. Rana for the Appellant.

J. P. Goyal and Pramod Swarup for the Intervener.

The Judgment of the Court was delivered by

SARKARIA, J. This appeal is directed against an order, dated April 10, 1974, of the High Court of Judicature at Allahabad in 333 Criminal Misc. Contempt Case No. 115 of 1973. It raises a question of law as to the jurisdiction and powers of a High Court to take action suo motu under Section 15 of the Contempt of Courts Act, 1971. The material facts giving rise to this appear are as follows:

Raj Narain alias Raja Sharma, Ram Narain, Tapesh Narain alias Trilok Narain and Hari Narain, respondents instituted Suit No. 89/ 168 under Section 209 of the U.P. Zamindari & Land Reforms Act (hereinafter referred to as the Act) for ejectment of eleven defendants.

Issue No. 6 framed in the case was referred under Section 331A of the Act to the Revenue Officer, Sub- Divisional Office, for seeking declaration under Section 143 or 144 of that Act, with regard to the question as to whether