Anil Kumar Sharma vs Shiv Prashad Kadam Nakate & Another

Ajay Mohan Goel, J

Notice. Mr. Yash W. Chauhan, Advocate, accepts notice on behalf of respondents.

Learned counsel appearing for respondents, submits that present Contempt Petition is completely misconceived as there is no disobedience of any

direction which has been passed by this Court as alleged in this Contempt Petition. He has drawn the attention of this Court to the order which

purportedly stands disobeyed i.e. order dated 28.11.2017, passed in COPC No.204 of 2017, titled as Anil Kumar Sharma Versus Giana Ram and on

the strength of the language which has been so used in the said order, he submits that the Contempt Petition was simply disposed of with liberty to the

petitioner to take recourse to such remedies as were available to him as the petitioner intended to approach the authority seeking exchange of the land

allotted to him.

On the other hand, learned counsel for the petitioner states that as the case for exchange of land of the petitioner has not till date been decided by

the authority concerned in his favour, therefore, there is a clear contempt made out.

Having heard learned counsel for the parties, this Court concurs with the submissions made by learned counsel for the respondents that the present

Contempt Petition is completely misconceived. All that this Court observed in its order dated 28.11.2019, when learned counsel for the petitioner

stated that though the land stood allotted to the petitioner, however, he intended to approach the authority, seeking exchange thereof was that

petitioner can take recourse to such remedies as are available in accordance with law. In case, petitioner has availed any such remedy and no decision

is being taken on his representation etc., if any, filed, then the proper course for him to approach the appropriate Court of law, seeking an appropriate

direction in this regard. But contempt cannot be alleged as in the absence of there being a direction issued by the Court which stands willfully

disobeyed, the power of contempt cannot be used as a tool either by the party or by the Court to force the other party to do an act, qua which there is

no command in the main order. Accordingly, as this petition is misconceived, the same is dismissed, at this stage itself. Pending miscellaneous

applications, if any, stand disposed of.