- (1.) THIS court in Civil Misc. Writ Petition No. 53250 of 2008 passed following order on 17. 10. 2008, which is being extracted below:- "heard Sri U. N. Sharma, learned Senior Advocate assisted by Sri Chandan Sharma, learned counsel for the petitioners and learned Standing Counsel appears on behalf of respondent nos. 1 to 4. Learned Counsel for the petitioners submitted that the plot nos. 1084,1085-A and 1084-B were earlier recorded in the name of Basantu, grandfather of the petitioners and Vikrama, father of the petitioners in the consolidation proceedings, District Magistrate by the impugned order dated 27. 9. 2008 passed in exercise of powers under section 117 (6) of U. P. Z. A. and L. R. Act, has illegally treated the said land belonging to the Gaon Sabha. He further submitted that no notice whatsoever has been issued before passing the impugned order. Learned Standing Counsel states that let the petitioners may file objection/representation before District Magistrate, Chandauli raising their plea and he may be directed to decide the same expeditiously. In view of the above, writ petition is disposed of with the direction that in case the petitioners file any objection/representation before the respondent no. 2, Collector/district Magistrate, Chandauli within a week, he is directed to decide the same expeditiously, preferably within a period of three weeks from the date of presentation of the certified copy of the order after giving opportunity of hearing to the petitioners by a speaking and reasoned order strictly in accordance with the law. For a period of four weeks or till the date of passing of the order on the objection/representation of the petitioners, whichever is earlier, in case if the petitioners are in possession of plot nos. 1084,1085-A and 1084-B, they may not be dispossessed. "
(2.) COMPLAINING non compliance of the order passed by this court, present contempt application has been filed. This court on 27. 11. 2008 issued notices. Pursuant thereto response has been filed and therein copy of the decision dated 11. 11. 2008 passed by the District Magistrate, Chandauli has been appended and the claim of petitioners/applicant has been rejected. Against the said order it has been informed by the petitioners/applicants that he has filed Civil Misc. Writ Petition No. 64308 of 2008 and therein orders have been passed mentioning therein that applicants shall not be ejected from the land in dispute.
(3.) THERE were two directives issued, firstly for taking decision and secondly in case if petitioners/applicants were in possession in plots in question, they were not to be dispossessed. First part has been complied with, non compliance is qua second part of order. It has been contended in affidavit that applicants were not at all in possession. This court in exercise of contempt jurisdiction cannot adjudicate this factual controversy as to whether on relevant date, applicants were in possession over the property in question or not once this factual position is being disputed. Disputed question of fact cannot be gone into when allegations and counter allegations in respect of possession are coming forward and order in question was a conditional order, if petitioners-applicants are in possession over the plots. As far as contempt proceedings are concerned, same are of no consequences, as it could not be termed to be case of deliberate or wilful defiance. Consequently, contempt application is dismissed.;