Can the governor of the state give restraining orders?
cchs1962
(Querist) 24 March 2013
This query is : Resolved
A suit has been instituted by the society in the board of nominees and the court has given status quo for the said plot of not to sale, transfer, lease the apartments till the final award has been given by the court. But the builder is not obeying the court's order and even after putting up the matter to the Chief Minister's office and other government departments the breach of the court's order is in motion continuously. Society have filed a Contempt of Court case yet the builder is not abiding by the law and no good help is been provided by the state government. Kindly let me know that as a society can we approach Governor of the state with a application to issue "Restraining Order" for the disputed plot and its owner and the aliens?
Devajyoti Barman
(Expert) 24 March 2013
File application in the high court under contempt of court act.
R.K Nanda
(Expert) 24 March 2013
no, u cannot go to governor as concerned
authority is the court.
ajay sethi
(Expert) 24 March 2013
you have to move the courts if there is contempt of court and not the governor
Guest
(Expert) 24 March 2013
You have not mentioned, when the contempt case was filed and what is the present status of that case. Even if you appraoch the Governor, the case is subjudice, he would not intervene in the matter even if the power be vested in him.
Raj Kumar Makkad
(Expert) 24 March 2013
The court has the ultimate power to get its order duly executed in the same direction as is required in the given facts. Engage a competent lawyer for your case.
cchs1962
(Querist) 25 March 2013
Hon'able experts of the Law I thank you from the bottom of my heart for sharing your valuable in-depth insight knowledge and wisdom on the law. Thanks a lot.
Raj Kumar Makkad
(Expert) 25 March 2013
Most welcome from your side.
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