BAKHSHISH KAUR,J - (1.) THIS is a petition under Sections 10 and 12 of the Contempt of Courts Act in (in short 'the Act') with a prayer that Shri Ghuman Singh, Land Acquisition Collector-respondent be punished for intentionally deliberately and wilfully disobeying and disregarding the order dated 24.6.2000 passed by this Court in Civil Writ Petition No. 4441 of 2000, initiating contempt.
(2.) DERA Baba Samer Singh is stated to be a historical and religious place situated in Village Sohana, Tehsil Kharar District Ropar (Punjab). Baba Gurdev Singh-respondent No. 2 is mohatmim of the Dera Baba Samer Singh (hereinafter referred as 'the Dera'). He is managing and looking after various functions of the Dera. Pursuant to the Notification issued and published under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as 'the Act'), the land of the Dera was acquired and the Land Acquisition Collector gave the award on 24th February, 1995. As the compensation in respect of the acquired land was not paid to the petitioner, therefore, a Civil Writ Petition No. 4441 of 2000 was filed. It was disposed of on 26.4.2000 by this Court. In compliance of the order, the respondent had prepared a voucher and handed over the same to the petitioner, but later on payment of the voucher was stopped. It is alleged the payment was stopped for extraneous reasons. The respondent has intentionally, deliberately and wilfully disobeyed the order passed by this Court.
(3.) THE respondent in his reply in the form of affidavit, has raised certain preliminary objections that at the time when the compensation was being awarded, none had appeared on behalf of the Dera to collect the compensation. Accordingly, the amount of compensation was deposited in the Revenue Account in the Treasury. At that time, civil dispute was pending between the alleged Mohatmim of the Dera and panchayat of village Sohana. Details of the suit and orders passed thereon find mention in the order passed by the answering respondent on 10th July, 2000 whereby the matter was decided to be referred under Section 31(2) of the Act to the District Judge. Since there was a serious dispute with regard to the entitlement to receive the compensation, therefore, that the payment in favour of the petitioner was stopped. On merits, the respondent has given the details of the document and the circumstances on the basis of which the matter to the District Judge under Section 31(2) was referred.;