Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2600 of 2014 Applicant :- Smt. Ameeran Begum And 2 Ors. Opposite Party :- Najmuddin, E.E., Pwd And 2 Ors. Counsel for Applicant :- S.M. Khan Counsel for Opposite Party :- S.C.
Hon'ble Manoj Kumar Gupta,J.
By order dated 8.10.2013 in Writ-C No.56117 of 2013, the writ petition filed by the applicants was disposed of directing the respondents that before a final decision is taken with regard to acquisition of land of the petitioners, objection if any, filed by them shall be considered and they would not be dispossessed except in accordance with law.
An affidavit of compliance has been filed alongwith which the order passed by the State Government on 21.5.2015 has been annexed, whereby the State Government has held that the land in question is recorded in revenue record under patti no.1 in favour of Provincial Government through District Magistrate. The names of Jamir Khan and Tanvir Khan is recorded as dakhilkar. The State Government has held that the applicants are not entitled to compensation for the land in question as it is recorded in the name of Provincial Government.
Learned counsel for the applicants contended that in case of similar entry in the revenue records, compensation was awarded to the occupants of such land, whereas discrimination has been made against the applicants in denying compensation.
This Court is of the opinion that the contention raised could be a matter of consideration before appropriate forum in case the decision taken by the State Government is challenged.
In so far as contempt proceedings are concerned, since a decision has duly been taken by the State Government holding that the applicants are not entitled to compensation, therefore, this Court is of the considered opinion that it would not be proper to proceed in contempt.
The contempt application is accordingly consigned to record with liberty reserved in favour of the applicants to challenge the decision of the State Government in appropriate proceedings, in case they feel aggrieved thereby.
(Manoj Kumar Gupta, J.) Order Date :- 25.9.2018 skv