Bhikkhu Pragya Deep v. Suresh & ORS

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 270/2019 & CM APPL. 50915/2019 (Exemption) BHIKKHU PRAGYA DEEP ..... Petitioner Through Mr. Virendra Singh, Advocate versus SURESH & ORS ..... Respondents Through None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 26.11.2019 1.

Petitioner is aggrieved by order dated 20.08.2019 whereby contempt petition filed by the petitioner under Section 10 & 12 of the Contempt of Courts Act, 1971 has been dismissed holding that a subordinate court (Court subordinate to the High Court) is not authorized to deal with the contempt of itself when it is committed outside the courts' purview.

2.

Petitioner had filed the subject contempt petition contending that a suit for injunction was filed by the petitioner which was disposed of recording an undertaking of the respondent that he shall not dispossess the petitioner from the suit property without due process of law. It is contended that without obtaining any order of eviction of the petitioner, respondents forcibly evicted the petitioner from a part of the suit property.

C.R.P. 270/2019

3.

Without getting into controversy, learned counsel for the petitioner submits that since the petition of the petition has been dismissed on the ground of jurisdiction he seeks leave to withdraw the petition with liberty to file a contempt petition before the High Court under Section 10 of the Contempt of Courts Act, 1971. 4.

In view of the above, petition is accordingly dismissed as withdrawn with liberty to the petitioner as prayed for. 5.

Order dasti under signatures of the Court Master. SANJEEV SACHDEVA, J NOVEMBER 26, 2019 'rs'

C.R.P. 270/2019