DURGA PRASAD v. SRI CHANDRA VIJAY SINGH DISTT. MAGISTRATE / COLLECTOR DISTT. AYODHYA AND 7 OTHERS
/4796/2024 · 2025-01-08
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 169984 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169984 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1290 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4796 of 2024 Applicant :- Durga Prasad Opposite Party :- Sri Chandra Vijay Singh Distt. Magistrate / Collector Distt. Ayodhya And 7 Others Counsel for Applicant :- Ashutosh Kumar Singh,Manuvendra Singh Hon'ble Manish Kumar,J. Heard. Present contempt petition has been preferred for non compliance of the interim order dated 23.05.2016 passed in Writ Petition No. 11543 (M/S) of 2016. Relevant portion of the said order is being reproduced hereinbelow:-
"After hearing learned counsel for the parties and going through the records, as an interim measure, it is provided that parties shall maintain status quo, as it exits today in respect of the land in dispute and shall not alienate or transfer the property in dispute till the next date of listing."
Learned counsel for the applicant has submitted that the aforesaid writ petition has been filed by one Shivpata in which the applicant is respondent no.3. In the said writ petition, an
order of status quo dated 23.05.2016 was passed and both the parties are maintaining the status quo, as directed by the Writ Court but the private respondent nos. 5 to 8 in connivance with the respondent no. 4-Rajesh Kumar, Station House Officer, Police Station Cant Ayodhya has violated the order of status- quo by raising/ constructing wall from 17.11.2024 till 26.11.2024 between the pillars, which were already existing . It is an admitted case of the applicant that the copy of the interim order passed by the Writ Court was served upon respondent no. 4 on 29.11.2024 after the alleged violation by the respondent nos. 5 to 8. On being asked from learned counsel for the applicant whether any construction has been raised by the respondent nos. 5 to 8 after 26.11.2024, he has very fairly submitted that after 26.11.2024, no further construction has been raised.
Making a representation to the authorities after the alleged non- compliance of the interim order dated 23.05.2016 and arrayed them in contempt proceedings for wilful disobedience of the interim order dated 23.05.2016 is abuse of the process of law as the interim order was never served upon the authorities so there is no question of willful disobedience by the respondent nos. 1 to 4. On being asked from learned counsel for the applicant whether the applicant has pleaded in the affidavit filed alongwith the present contempt that applicant has ever served or provided the copy of the interim order dated 23.05.2016 to the respondent nos. 5 to 8 while they were raising construction or ever informed about the passing of the interim order, learned counsel for the applicant has submitted that it is not pleaded in the affidavit filed alongwith the present contempt petition regarding service/informing about the interim order to the private respondents when they were raising construction meaning hereby even respondent nos. 5 to 8 were also not informed about the passing of the interim order dated 23.05.2016. Further any order passed by the Court binds the parties to the proceedings and not those who were not parties. In view of the facts and circumstances of the case, no contempt is made out hence, the present case is dismissed.
Order Date :- 8.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench