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Judgment
Learned counsel for the petitioner states that there has been contempt committed by the respondents and the land was allotted to third party in spite of
there being an interim order passed by the court on 24.5.2010.
Learned counsel appearing for the respondent-Revenue Department submits that S.B. Civil Writ Petition No.7523/2010 had been dismissed in default
and was restored after four years and the allotment was made during the interregnum period to Government Polytechnic College.
The Government Polytechnic College has also been implemented as a party in the writ petition and the writ petition is pending for adjudication.
In view thereof, it can be said that there was a deliberate and willful contempt committed by the contemnors. At the time of allotment, there was no
writ petition pending in the court nor an interim order was in existence. However, after restitution of the writ petition, while the interim order has been
brought into existence, the specific order for restitution is required to be passed in the writ petition. However, no order for restitution has been passed.
Thus, in these facts and circumstances, learned counsel submits that the contempt proceedings be dropped, at this stage.
Keeping in view the aforesaid facts and also the fact that the writ petition is still pending, I am not inclined to further proceed with the contempt
proceedings and therefore, the same are dropped. The contempt petition is accordingly dismissed, at this stage. Notices are discharged.
However, it is made clear that it would always be open for the petitioner to take up the remedy in the writ petition and also inform the court about the
present situation. Necessary orders can be passed by the concerned court alone in this regard.