Narendra Nath Tiwari, J. - (1.) THE Petitioner appears in person.
(2.) IN this interlocutory application, the Petitioner has prayed for reinitiating the contempt proceeding against Opposite Party Nos. 2 and 3. From the record, it is evident that earlier the contempt proceeding in Cont. (Civil) Case No. 397 of 2009 was dropped by order dated 24th November, 2010 on the statement that the order could not be complied with earlier, as the same was challenged before the Supreme Court in special leave petition, which was pending. It has been stated that the State had filed special leave petition, being Special Leave to Appeal (Civil) CC 16747 of 2010, which was dismissed by order dated 15th November, 2010. The Petitioner submitted that due to the said misrepresentation that the matter is pending, the contempt proceeding was dropped by order dated 24th November, 2010. He further submitted that since no notice was issued to him by the Supreme Court, he was not aware about the filing of the special leave petition and dismissal of the same by order dated 15th November, 2010 and as such, at the time of hearing of the contempt case, he could bring the said fact to the notice of this Court. The Petitioner on the said ground has prayed for initiation of afresh contempt proceeding. Though the said prayer has been made, the Petitioner, who is not an expert in law, intends to pray for recalling the order dated 24th November, 2010 passed by this Court in Cont. (Civil) Case No. 397 of 2009.
(3.) LEARNED J.C. to A.G., on the other hand, submitted that the said contempt proceeding was dropped on merit, as the order dated 15th April, 2009 passed by this Court has been complied with. He further stated that the order dated 15th November, 2010 was not communicated to the counsel and he had no knowledge about the dismissal of the said S.L.P. In absence of such communication, submission was made that the S.L.P. Is pending before the Supreme Court and the decision is awaited. There was no misrepresentation on the part of the opposite parties in making the said submission.;