Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1024 of 2018 Applicant :- Anup Katheriya Opposite Party :- K.P. Singh, Secretary And 2 Others Counsel for Applicant :- Arvind Srivastava,Rakesh Dubey
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
A writ petition preferred by the applicant assailing notices issued under Sections 27 & 28 of the 1973 Act was dismissed with the observation that it would be open to the applicant to file appropriate objections to the said notice. He thereafter appears to have instituted another writ petition which was got dismissed as withdrawn with liberty to initiate proceedings in contempt.
Th submission advanced before the Court in these proceedings is that although the objections have not been decided, the respondent authorities are threatening to demolish. In order to substantiate the said contention, learned counsel applicant drew the attention of the Court to the averments taken in paragraph 21. The Court notes that all that is stated in the said paragraph is that certain officials came to the applicant's place to carry out demolition but due to stiff resistance no demolition could be undertaken. The Court finds itself unable to continue or to entertain these proceedings in contempt on the state of the averments which are made, since the said paragraph is sworn on the basis of records. However no record is referred to establish that an order of demolition has been finally passed. Even otherwise, the allegation made in the said paragraph is short of all necessary details inasmuch as there is not even a mention of the date when the respondents appeared on site and threatened to demolish.
In view thereof, the petition is dismissed.
Order Date :- 26.2.2018 nethra