Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5128 of 2018 Applicant :- Anant Dev Singh Opposite Party :- Ram Siromani Singh Counsel for Applicant :- V.K.S. Somvanshi Hon'ble Manoj Kumar Gupta,J.
In Writ-C No. 27806 of 2015 filed by the applicant, this Court granted liberty to the petitioner to move an application before District Collector for removal of encroachments pursuant to order passed in proceedings under Section 133 Cr.P.C. with a further direction to the District Collector to pass appropriate orders within two months. For alleged non compliance of the said direction, Contempt Application No. 2196 of 2018 was filed by the applicant. The Contempt Court noticed that the order passed under Section 133 Cr.P.C. is to be executed by the concerned Magistrate and not by District Magistrate and therefore, granted liberty to the applicant to file representation before the concerned SDM with a further direction to the SDM to decide the matter within two months.
Counsel for the applicant submitted that an application was filed before the SDM on 07.05.2018, but no action has been taken by him for demolition of unauthorized constructions.
This Court is of the opinion that before inaction on part of the opposite party in complying with the above direction is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to him to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order along with fresh representation before the opposite party and in which event, he shall ensure that compliance of the direction issued by the Writ Court is made within next six weeks. In case the compliance is still not made, as directed herein, it shall be open to the applicant to initiate fresh contempt proceedings against the opposite party.
(Manoj Kumar Gupta, J.) Order Date :- 26.9.2018 Darpan Sharma