Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4442 of 2009 Petitioner :- Ram Babu Sharma Respondent :- Shri R.K. Rastogi, Ececutive Engineer Petitioner Counsel :- Rajesh Kumar Pandey Respondent Counsel :- S.C. Hon'ble Vikram Nath,J.
Rejoinder affidavit filed today is taken on record..
Heard learned counsel for the applicant and Sri K. R. Singh, learned Standing
Counsel for the opposite party and perused the material on record.
From the record, it is apparent that pursuant to the directions of the writ Court
dated 8.9.2008 the opposite party has already passed an order on 26.12.2009
rejecting the representation of the applicant for change of ‘Colaba’ (water
outlet) numbers from 39 to 41 on the ground that the same is prohibited by
para 309 of Irrigation Manual Orders.
Learned counsel for the applicant has tried to assail the correctness of the
order on the ground that earlier it has been rejected on the same ground.
In the opinion of the Court the validity of the order passed by the opposite
party giving reason cannot be tested in contempt jurisdiction. It will be open
to the applicant to assail its correctness in appropriate proceedings before
appropriate forum. Accordingly notices are discharged.
The contempt application is consigned to record.
Order Date :- 30.7.2010
SS