Court No. - 1

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2353

of 2021

Applicant :- Om Prakash

Opposite Party :- Smt Indra And Another

Counsel for Applicant :- Bhaiya Lal Yadav,Arun Kumar

Dubey

Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri B.L. Yadav, learned counsel for the applicant.

It is contended that writ Court on 04.02.2003 while

entertaining the writ petition no. 4232 of 2003 filed by

opposite parties had stayed the effect and operation of

order dated 28.11.2002 passed by Deputy Director of

Consolidation. The applicant, who is respondent no. 1 in

the said writ petition filed stay vacation application along

with counter affidavit.

It is contended that the said writ petition is pending

consideration but despite the interim order the opposite

party taking advantage of the COVID-19 situation had

started raising construction over the land in dispute.

As the counter affidavit as well as stay vacation

application has already been filed by the applicant in the

said writ petition, the applicant may file application for

getting the interim order modified, but no contempt is

made out.

Recently the Apex Court in case of Vinay Kumar Pandey

vs. Committe of Management Shri Gandhi Inter

College and another, Civil Appeal Nos. 4007-4008 of

2020 (arising out of SLP(C) Nos. 14995-14996 of 2020),

decided on 08.12.2020 has held that where the stay vacation

application and counter affidavit has already been filed, no contempt

proceeding can be initiated subsequently. The operative portion

of the judgment is quoted hereasunder:-

"Without going into the issue of maintainability of the appeal before

the Division Bench of the High court, the basis facts which emerge

from the record are that the contempt alleged is of non-compliance

of the order dated 15.07.2019 which itself was an ad-interim order

and appropriate application seeking vacation of that order is still

pending consideration before the High Court.

In the circumstances, unless and until the submission raised in that

application seeking vacation is adequately addressed and rejected,

no case for initiation of contempt proceedings was made out."

In view of the dictum of the Apex Court, this contempt

petition is not maintainable and the same is hereby

dismissed.

Order Date :- 13.7.2021

V.S.Singh