STATE OF HARYANA Vs. SARDAR PARKASH SINGH BADAL

JUDGEMENT

(1.) SARDAR Parkash Singh Badal, respondent (contemner) filed Civil Petition No. 3803 of 1983, in which the State of Haryana, Shri Bhajan Lal, Chief Minister Haryana, Shri Ishwar Chander, Financial Commissioner (Appeals), Haryana and others were respondents. In the aforesaid writ petition, the order of the Financial Commissioner (Appeal) dated 27th August, 1982, was impugned along with the orders dated 8th August 1980 and 19th December 1980 passed by the Collector and the Commissioner, Hissar Division respectively, inter alia, on the following allegations :-

(2.) NOTICE was issued in this case to the respondent on 18th October, 1982. The respondent has also filed the return, in which it is averred that the answering respondent did not use any expression scandalise, or to lower the authority of any court or to prejudice the due course of any judicial proceedings and that the aforesaid allegations in the writ petition are fully protected under sections 5 and 6 of the Act, because the same are made in good faith.

(3.) IN the writ petition, it is averred that the Collector, Surplus Area, Sirsa declared 627 kanals 3 marlas of 'C' category of land with the respondent as surplus on 8th August, 1980 vide his order Annexure P-1; that the respondent filed an appeal against the order of the Collector before the Commissioner, Hissar Division, which was dismissed in limine by him on 19th December, 1980 (copy Annexure P.3 to the writ petition); that the respondent filed a revision petition against the order of the Commissioner, which was dismissed by the Financial Commissioner (Appeals), Haryana on 27th August, 1982 (copy Annexure P-5 to the writ petition). The respondent also alleged in para 4 of the writ petition that the orders passed by the Collector, the Commissioner and the Financial Commissioner (Appeals) are apparently erroneous, illegal, arbitrary and have been passed mala fide at the instance of Shri Bhajan Lal, Chief Minister Haryana (respondent No. 3 in the writ petition). Separate returns were filed by Ch. Bhajan Lal, respondent No. 3 himself and by respondent No. 5 on behalf of other respondents including Shri Ishwar Chander, Financial Commissioner (Appeals). Ch. Bhajan Lal in reply to the allegations in para 4 of the writ petition has averred as under :-