ANANT RAM Vs. B.K. AGGARWAL
LAWS(HPH)-1997-3-16
HIGH COURT OF HIMACHAL PRADESH
Decided on March 18,1997

ANANT RAM Appellant
VERSUS
B.K. Aggarwal Respondents

JUDGEMENT

M.SRINIVASAN, J. - (1.)THIS petition is for punishing the respondents for having wilfully disobeyed the directions of this Court as also that of the District Judge, Una dated 5.3.1988 and affirmed by this Court on 27.12.1994. At the outset, it can be said that nothing has been specifically stated against respondents 2 and 3 and we do not find any justification for proceeding against them under the provisions of the Contempt of Courts Act.
(2.)WE are concerned only with the first respondent in this matter, who has appeared before us and also given a statement on oath in addition to the reply filed by him originally on 30.7.1996 and the supplementary affidavit filed on 14.3.1997.
The order which is said to have been disobeyed was passed by this Court on 27.12.1994 in Civil Revision No. 79 of 1988 connected with Civil Revision No. 218 of 1988. By that order, the directions contained in the judgment of the lower Appellate Court were affirmed and the revision petitions were dismissed. There was an earlier order passed during the pendency of the revision petition by which specific directions were issued to the first respondent to nominate a Managing Committee for the temple Devi Chintpurni situate in Tehsil Amb, District Una. The relevant directions of this Court read as follows :-

"(i) The learned Commissioner (D.C. Una), shall constitute a Managing Committee consisting of 7 official members which would be nominated by the Commissioner from Revenue, Administration, PWD (B&R), PWD (I&PH), Development, Police and Health Department respectively. In addition to this Commissioner shall nominate 4 non-official members from the Panchayat where the temple was situated. In case these Panchayat members were not available, 4 non-official members to be nominated from the area where the temple was situated. In addition to this 11 members out of plaintiffs and other persons named by them in List 'A' filed with the plaint shall also constitute members of the Managing Committee. The plaintiffs have to submit the list of 11 members as referred to the learned Commissioner within 15 days of the passing of the present order failing which the learned Commissioner shall nominate 11 members out of the present plaintiffs and the persons named in list 'A'."

(3.)THE most important part of the said direction with which we are concerned is that the Commissioner shall nominate 4 non-official members from the Panchayat where the temple was situated and in case such Panchayat members were not available, 4 non-official members were to be nominated from the area where the temple was situated.


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