Allahabad High Court
Hira Lal Rai vs Shri. Vishal Bharadwaj, Secretary/ ... on 22 October, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6905 of 2019 Applicant :- Hira Lal Rai Opposite Party :- Shri. Vishal Bharadwaj, Secretary/ Additional Residence Commissioner U.P. And 3 Others Counsel for Applicant :- Shweta Srivastava,Alok Kumar Srivastava Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 30.04.2019 passed in Writ Petition No.14954 of 2019 (Hira Lal Rai v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Petitioner is permitted to implead the Inspector General of Stamp, Kanpur Nagar in the array of respondents as respondent no. 7 today itself.
Heard Shri Alok Kumar Srivastava, learned counsel for the petitioner, learned standing counsel for the State - respondent nos. 1 & 7 and Shri Sunil Kumar Misra, for respondent nos. 2, 3 & 4.
The petitioner, in this writ petition, is seeking a direction to the respondents to execute freehold deed in favour of the petitioner in respect of House No. 2794, EWS, Awas Vikas No. 3, measuring an area 37.34 square meters, situated at Kalyanpur, District - Kanpur Nagar.
The petitioner appears to have purchased this house from the mother of the respondent nos. 5 & 6, who has died and in whose favour the initial allotment of the said house was made.
Shri Sunil Kumar Misra, learned counsel for the respondents submits that the freehold deed of the said house cannot be made in favour of the petitioner since the stamp duty, on the original sale in favour of the mother of respondent nos. 5 & 6, was not paid by her or by the respondent nos. 5 & 6.
The petitioner is stated to have taken possession of the said house under an agreement of sale dated 05.10.1989 from late (Smt.) Lilavati Devi, the mother of the respondent nos. 5 & 6, for a sale consideration of Rs. 29,521/-, on which advance money of Rs. 6,380/- was paid as advance. This would mean that the petitioner would have to pay stamp duty on the agreement of sale.
Shri Sunil Kumar Mishra further submits that the original allottee, namely, Smt. Lilavati Devi, never got done the registration of the house in question in her favour and therefore, without registration of the house in question, she could not have executed an agreement of sale in favour of the petitioner.
In our opinion, no useful purpose will be served by keeping the matter pending and these are the matters to be considered by the respondents themselves. We, therefore, dispose of this writ petition with a direction to the Inspector General of Stamp, Kanpur Nagar (the newly impleaded respondent no. 7) to take a decision in the matter with regard to stamp duty and communicate the same to the petitioner as well as the Secretary/Additional Residence Commissioner, U.P. Awas Ewam Vikas Parishad, Lucknow (the respondent no. 2) within a period of three months from the date of receipt of a certified copy of this order in his Office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party no.2 to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within three weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 22.10.2019 SP/