Jeet Singh And Another v. Jk Jain

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No.144 of 2017 Date of decision: 05.05.2017 Jeet Singh and another ..Petitioners

Versus

Shri J.K. Jain ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. Ashok Goel, Advocate for the petitioners.

*** Daya Chaudhary, J. (Oral) The present contempt petition has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 for non-compliance of order dated 02.08.2011 passed by this Court in CWP No.840 of 2009. Learned counsel for the petitioners submits that in spite of directions issued by this Court in aforesaid writ petition, the Collector has not considered the plea of the petitioners whereas he was directed to ensure that no fragmentation be there in the partition proceedings. Admittedly, in pursuance of order passed by this Court on 02.08.2011 in CWP No.840 of 2009, the appellate Authority has taken decision and vide order dated 03.04.2006, the partition had taken place as is clear from Naksha (Annexure P-5). It has not been pointed out by learned counsel for the petitioners as to how the compliance of order dated 02.08.2011 is not there as only direction was there to the Collector to consider the plea taken on behalf of the petitioners and to ensure that the Neetu Rani 2017.05.09 12:39 I attest to the accuracy and authenticity of this document Chandigarh

COCP No.144 of 2017 land holding of the petitioners be not fragmented. Hence, no contempt is made out and as such, the petition is dismissed.

However, in case, the petitioners are still aggrieved with the partition proceedings, they are at liberty to avail the appropriate remedy. 05.05.2017 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable Yes Neetu Rani 2017.05.09 12:39 I attest to the accuracy and authenticity of this document Chandigarh