SURAZ INDIA TRUST versus UNION OF INDIA MISCELLANEOUS APPLICATION NO.1630 OF 2020 IN WRIT PETITION (C) NO.880 OF 2016

SURAZ INDIA TRUST versus UNION OF INDIA MISCELLANEOUS APPLICATION NO.1630 OF 2020 IN WRIT PETITION (C) NO.880 OF 2016

The contemnor Rajiv Daiya was found guilty of contempt for repeatedly scandalising the Court and engaging in contumacious conduct; the apologies tendered were insincere and amounted to a charade; M.A. No.1630/2020 is closed with the direction that the State Government commence recovery of the costs as 'arrears of land revenue' remitting the amount to the beneficiary as per the order dated 01.05.2017, and the petition is to be listed to hear the contemnor on the question of final sentence.

Parties
Petitioner: Suraz India Trust; Respondent: Union of India; Petitioner in Person: Rajiv Daiya
Jurisdiction
India
Judgment Date
29 September 2021
Procedural Posture
Miscellaneous Application No.1630 of 2020 in Writ Petition (c) No.880 of 2016 (contempt Proceedings) / Judgment and Orders on Contempt, Recovery of Costs and Listing for Sentence (29.09.2021)
Outcome
Contemnor (Rajiv Daiya) held guilty of contempt; M.A. No.1630/2020 closed; direction issued for recovery of costs; matter listed for hearing on final sentence.
Legal Topics
Article 129, Article 142, Recovery of Costs as Arrears of Land Revenue, Public Interest Litigation, Scandalising the Court, Apology in Contempt Proceedings
Contempt of Court Constitutional Law Administrative Law Article 129 Article 142 Recovery of Costs as Arrears of Land Revenue Public Interest Litigation Scandalising the Court +1 more

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Parties

Suraz India Trust

Petitioner

Union of India

Respondent

Rajiv Daiya

Petitioner in Person

Procedural Posture

Miscellaneous Application No.1630 of 2020 in Writ Petition (c) No.880 of 2016 (contempt Proceedings) / Judgment and Orders on Contempt, Recovery of Costs and Listing for Sentence (29.09.2021)

Legal Issues

  1. 1 Whether Rajiv Daiya/Suraz India Trust committed contempt by scandalising the Court
  2. 2 Whether the apologies tendered were unconditional and sufficient to avoid punishment
  3. 3 Whether the State should proceed for recovery of costs as directed earlier and as 'arrears of land revenue'

Ratio Decidendi

The contemnor Rajiv Daiya was found guilty of contempt for repeatedly scandalising the Court and engaging in contumacious conduct; the apologies tendered were insincere and amounted to a charade; M.A. No.1630/2020 is closed with the direction that the State Government commence recovery of the costs as 'arrears of land revenue' remitting the amount to the beneficiary as per the order dated 01.05.2017, and the petition is to be listed to hear the contemnor on the question of final sentence.

Court Disposition

Contemnor (Rajiv Daiya) held guilty of contempt; M.A. No.1630/2020 closed; direction issued for recovery of costs; matter listed for hearing on final sentence.

Orders

  • Contemnor Rajiv Daiya held guilty of contempt of this Court.
  • M.A. No.1630/2020 is closed with the direction that the State Government should take steps to commence process of recovery of costs as 'arrears of land revenue' and the recovery amount be remitted to the beneficiary as per the order passed in WP(C) No.880/2016 dated 01.05.2017.