Deepjot Singh v. S C Meena And ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 195/2018 & CM No.18569/2018 (u/S 151 CPC) DEEPJOT SINGH ..... Petitioner/Relator Through:

Mr. Mahesh Kumar Mehta, Adv.

Versus

S C MEENA AND ANR ..... Respondents Through:

Mr. Sanjay Kumar Pathak, Mr. K.

Kaomudi Kiran Pathak & Mr. M.S.

Akhtar, Advs. for R-1.

Mr. Anuj Aggarwal & Mr. Manishk Rana, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 06.07.2018 CM No.18797/2018 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CONT.CAS(C) 195/2018 3.

Contempt is averred of the orders dated 23rd October, 2017, 1st November, 2017 and 11th December, 2017, in Land Acquisition Appeal No.232/2017 titled Union of India Vs. Deepjot Singh & Anr., still pending before this Court.

2.

It is stated (i) that in the aforesaid appeal, conditional stay was granted subject to the alleged contemnors, being officials of Union of India, depositing the compensation amount / entire decretal amount in this Court; (ii) that the entire decretal amount has not been deposited; and, (iii) that vide the aforesaid orders, directions were given to the Union of India, of which the alleged contemnors are officers, for filing computation and status report and which orders have not been complied with. CONT.CAS(C) 195/2018

3.

Though status report in this proceeding also was called for from the alleged contemnors and which has not been filed, I have enquired from the counsel for the petitioner / relator as to how a case of contempt is made out. 4.

The counsel for the petitioner / relator, save for narrating the aforesaid facts, has not made any legal arguments.

5.

I am of the view that with respect to an order of conditional stay, if not complied with, the only remedy is of seeking vacation of the stay and / or clarification that the stay no longer operates and the petitioner / decreeholder is entitled to execute the decree and no case of contempt is made out. Thus, if the alleged contemnors have taken repeated adjournments and have not complied with the directions given in the Appeal aforesaid, the remedy therefor is to contend in the appeal that the conditional stay should be vacated.

6.

I may also record that the contempt has been filed against Sh. S.C. Meena, ADM, Land Acquisition Collector (West) and the Director, Directorate of Education, Government of NCT of Delhi without even stating the name of the Director and no contempt lies against an office. 7.

Be that as it may, there is no merit in the petition. Dismissed.

No costs.

RAJIV SAHAI ENDLAW, J JULY 06, 2018 'gsr'..

CONT.CAS(C) 195/2018