Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4943 of 2018 Applicant :- Anil Kumar Saxena And Another Opposite Party :- Suhas Lalinakere Yathiraj And 2 Others Counsel for Applicant :- Arvind Srivastava Iii
Hon'ble Manoj Kumar Gupta,J.
Once again an affidavit has been filed by opposite party No. 2 and in paragraph 3 thereof it is admitted that notice dated 30.7.2018 requiring the appellant to demolish the constructions was issued inadvertently and by mistake. It is also admitted that the issuance of the notice was contrary to the direction issued by the writ Court. It is stated that there was no intention on part of opposite party No. 2 to disobey the order of the writ Court and therefore, the notice has now been withdrawn by passing an order on 26.9.2018. It is also stated in the affidavit that now fresh notice will be issued strictly in compliance of the direction issued by the writ Court.
Since the opposite party No. 2 has admitted his mistake and has also offered explanation for the said mistake and therefore, in the interest of justice and taking a lenient view, the Court does not consider it appropriate to proceed any further in the instant matter.
The contempt application is consigned to record.
Opposite party No. 2 shall now strictly comply with the direction issued by the writ Court.
(Manoj Kumar Gupta, J.) Order Date :- 27.9.2018 AM/-