Suresh Kumar Gupta v. Ranvir Kumar Arya And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1549 of 1993 ====================================================== Suresh Kumar Gupta & Anr.

.... .... Petitioner/s

Versus

State & Ors .... .... Opp. Parties ====================================================== with Miscellaneous Jurisdiction Case No.2479 of 2003 ====================================================== Suresh Kumar Gupta .... .... Petitioner/s

Versus

Ranvir Kumar Arya & Ors .... .... Opp. Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 23-06-2015 Heard learned counsel for the petitioner and learned counsels for the State in the two contempt applications. No one appears for the other opposite parties.

The contempt applications have been filed for initiating contempt proceedings against the opposite parties for violating the interim order dated 16.2.1993 passed by this Court in CWJC No. 520 of 1993. The petitioners herein were the respondents in the writ petition and while issuing notices this Court by order dated 16.2.1993 directed that the status quo in the meantime in relation to the properties shall be maintained by the parties. The writ petitioner and other persons claiming violation of the interim order have filed the present contempt petitions; firstly in the year 1993 and thereafter in the year 2003. The petitioners had also filed MJC No. 353 of 2000 but have failed to mention the said fact in MJC No. 2479 of 2003 filed subsequently. MJC No. 353 of 2000 which

Patna High Court MJC No.1549 of 1993 (10) dt.23-06-2015 was also filed for violation of the order dated 16.2.1993 passed in CWJC No. 520 of 1993 on the same ground of opposite party No.1 having sold certain land involved in the writ petition to other opposite parties was dismissed by order dated 10.5.2006 in view of the nature of litigation between the parties which went up to the Supreme Court observing as follows :

"In view of the aforementioned facts, we find that the scope of the interim order stands tested by the Apex Court also, and as such, in view of the aforementioned order of the Apex Court, we do not feel inclined to proceed any further in the present M.J.C. matter.

The M.J.C.

application is, thus, dismissed."

In view of the fact that a contempt application for violation of the same order has already been dismissed by this Court by order dated 10.5.2006 passed in MJC No. 353 of 2000, the present applications are also dismissed.

(Ramesh Kumar Datta, J) (Anjana Mishra, J) U spal/-