High Court of Judicature at Allahabad
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Rajneesh Tiwari v. State Of U.P. Secretary, Department Of Home, Lkw. & Ors. - WRIT - C No. 17073 of 2006  RD-AH 6787 (28 March 2006)
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed raising the grievance that inspite of an injunction granted in Original Suit No. 469/2004, the respondent nos. 4, 5, 6, 7, 8 and 9 are trying to grab the property and while doing so they are taking the assistance of respondent no.5 who is the Station Officer of the concerned Police Station in District Kanpur Nagar.
Learned Standing Counsel has raised a preliminary objection regarding the maintainability of the writ petition pointing out that if the civil suit is pending and interim injunction has been granted and in case there is any violation by a non-party, it amounts to contempt and there is no bar in law to move the contempt proceedings against the non-party, therefore, the petitioner may move an application under Order 39 Rule 2-A C.P.C. before the court concerned, but this Court should not grant any indulgence as it would amount to granting an interim injunction against the non-parties in a suit by the High Court. At this juncture our attention has been drawn towards para 23 of the writ petition wherein it has been stated that presently the court concerned is defunct and it is not being presided over by any officer.
In the facts and circumstances of the case and considering the judgment of this Court in Kalu Vs. State, 1974 Cr.L.J. 839 and Full Bench judgment of the Madras High Court in Vidya Charan Shukla Vs. Tamil Nadu Olympic Association & Anr., AIR 1991 Madras 323 wherein it has been held that even contempt proceedings can be initiated against a non-party also, we are not inclined to interfere in the matter. However, it is open for the petitioner to move an application before the learned Civil Court under Order 39 Rule 2-A C.P.C. and in case the Court is not presided over by any judicial officer, we request the learned District Judge to consider the application of the petitioner and place the matter before any other Court expeditiously.
In view of the above, the writ petition stands disposed of.
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