Non compliance of high court order
Aseem Vaishya
(Querist) 20 April 2013
This query is : Resolved
A writ petition was filed against the illegal action on the part of the M.P. Government, though that petition was dismissed on merit, against which a Writ Appeal No.462/2012 was filed. This Hon’ble Court was pleased to pass an order in pursuance of the government order dated 18.9.2012. The letter dated 18.9.2012 which was issued by the State of M.P. , Bhopal taken a decision to the effect, that if the petitioner agree to withdraw the case from Hon’ble Court all necessary requirements i.e. transferring and mutation of requisite land will be done at once. It was an assurance as depicted from the letter dated 18.9.2012. On this very basis a writ appeal was withdrawn and the order was passed by this Hon’ble Court on that basis, so this letter merged into the order of this Hon’ble Court
By virtue of decision taken by the Government on 18.9.2012 the appeal was disposed of and the relevant observation is as under:
“According to us, the doubt, which has been carved out in the mind of the learned senior counsel for the appellant appears to be baseless because the order of the State Government Annexure D dated 18.9.2012 is to be complied with in its stricto sensu. In the light of order dated 18.9.12 of the State Government, the observations made by learned Writ Court in the impugned order will not come in the way of the appellant/writ petitioner.”
After submitting the application along with the order dated 21.9.2012 the MP Govt. did not like to take the action in pursuance of the order which merged in the order of the Hon’ble High Court’s order nor given any response to the application, thereafter repeatedly applications were submitted on 10.6.2012 and 10.10.2012. ultimately when respondents did not turn to act in government order as well as the order of the Hon’ble High Court in which the government decision has been merged, we had a cause to serve a contempt notice on 13.2.2013
The reply to the notice has been given by the contemnors. In reply to the notice in which some new terms and conditions have been mentioned which are totally illegal and in contravention of the order passed by Hon’ble High Court
My question to learned counsels is whether M P Government can impose new terms and condition even after above order of Hon'ble High Court ? We have moved a contempt application in High Court and notices are served. What should be our further plan ?
Thanking you.
with regards
Aseem
ajay sethi
(Expert) 20 April 2013
argue your contempt application . if HC finds that stand of MP govt is contrary to earlier assurances then govt will have to transfer land and make mutation entries .
it is necessary to go through the written assurances given by govt , order passed by HC , new terms and conditions imposed by govt to advise further
Aseem Vaishya
(Querist) 20 April 2013
Thanks Mr. Sethi for your valuable advice...
R.K Nanda
(Expert) 20 April 2013
agree with sethi.
Raj Kumar Makkad
(Expert) 22 April 2013
The court which passed the impugned judgment, has every power to get it executed in letter and spirit if the sufferer goes to apply for it. Contempt proceeding is the best remedy for you.
Aseem Vaishya
(Querist) 22 April 2013
Thank you Nanada Sir and Makkad Sir.....
Guest
(Expert) 10 December 2014
Well Attended
Anirudh
(Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS ONE YEAR OLD QUERY.
HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
