- (1.) Instant special appeal under Chapter VIII, Rule 5 of Rules of the Court, has been preferred against the orders passed in Contempt Petition (Criminal Misc. Case No.1853 (C) of 2012) while dealing with an application for modification of final judgment and order dated 21.8.2012.
(2.) Respondent Committee of Management, preferred a Writ Petition No.5325 (M/B) of 2012. In the said writ petition, interim order dated 28.6.2012 was passed by a Division Bench of this Court, directing to provide necessary recognition and benefit to respondent which has been duly recognised by the Registrar of the societies. The order dated 28.6.2012 passed by the Division Bench in the aforesaid writ petition is reproduced as under:- "Hon'ble Devi Prasad Singh,J. Hon'ble Dr. Satish Chandra,J. Subject to further orders passed by this Court, keeping in view the earlier order dated 10.6.2010 passed in Writ Petition No.5581 (M/B) of 2010 and the order dated 18.11.2010 passed in Civil Revision No.125 of 2010, as an interim measure the respondents are directed to provide necessary recognition and benefit to the petitioner's society which has been recognised by the Registrar of the Society, vide order dated 31.1.2011 and 24.4.2012 (Annexure No.27). Further, the Governing Body of the said Society alone will represent before the concerning authorities for all purposes as the same has already been recognised by the Registrar of the Society. Let counter affidavit be filed within four weeks and rejoinder affidavit may be filed within two weeks. List immediately thereafter. Order Date :- 28.6.2012 "
(3.) It appears that on account of non-compliance of the aforesaid interim order, respondent Committee of Management, had filed contempt petition being Criminal Misc. Case No.1853 (C) of 2012 in which notices were issued to authorities concerned. After hearing learned counsel for parties including learned Additional Chief Standing Counsel, the Contempt Judge taken note of the fact that the recognition has been granted to respondent Committee of Management. After recording statement of learned Additional Chief Standing Counsel, and learned counsel for Vice-Chancellor, Gautam Buddha Technical University, the contempt petition was disposed of finally and contemnors were discharged. The order dated 21.8.2012 passed by the Contempt Judge is reproduced as under:- "Hon'ble Dr. Satish Chandra,J. In pursuance to the earlier order dated 08.08.2012, Sri Bachchu Singh, Sub-Divisional Magistrate, Sadar, Gautam Buddha Nagar/Authorised Controller, Patronage Institute of Professional Studies, Greater Noida is present in person. He through his counsel, Sri Lalit Shukla, learned Additional Chief Standing Counsel, submits that in the same premises, there are two institutions, namely; (i) Patronage Institute of Management Studies (for short, 'Management Studies'); (ii) Patronage Institute of Professional Studies (for short, 'Professional Studies'). He submits that he has received an order passed by the Vice Chancellor of Gautam Buddha Technical University, who has recognized the Management as well as Society pertaining to the Management Studies. He also submits that he has nothing to do with the Institution of Management Studies as he was appointed by the Hon'ble Allahabad High Court, Principal Bench Allahabad (Writ Petition No. 43680 of 2011) as authorized controller only for the Institute of Professional Studies. Both the Institutions are separate and nothing is common at this moment except the common entrance which is to be utilized by both the Institutions without any hurdle. He further states that in future, if there is some problem with the common entrance, then a separate entrance will be created at the cost of Institute of Professional Studies for its use. In that case, the present entrance shall be utilized by the Institute of Management Studies. Learned counsel for the petitioner has agreed to it. With the consent of parties' counsel, liberty is granted to the Authorized Controller as well as Management of Management Studies to seek the police assistance as and when required for smooth functioning of the Management Studies and concerning police authorities shall provide the same. In view of above and without entering into the merits of the case, the contempt petition is disposed of. Notices are discharged. Order Date :- 21.8.2012 ";