Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4890 of 2018 Applicant :- Awadhesh Kumar Pandey Opposite Party :- Amit Kumar Singh And Another Counsel for Applicant :- Dhiraj Singh
Hon'ble Ajit Kumar,J.
It is alleged by the applicant that in spite of the order of this Court dated 5th May, 2006 passed in Writ- A No. 26269 of 2003, the opposite party has surprisingly issued an order dated 29th August, 2018 relying upon the order of Green Tribunal, New Delhi which is in respect of the land notified under Section 4 of the Indian Forest Act, 1927. The allegation is that the applicant's land is bhumidhari land and not forest land in view of the final judgment of this Court in the aforesaid writ petition.
On a perusal of the order dated 29th August, 2018, it clearly transpires that the order passed in Writ-A No. 26269 of 2003 dated 5th May, 2006 was not brought to the notice of the Collector/ District Magistrate concerned. There is no such document appended to the affidavit filed in support of the application to show that any such application was filed before the Collector bringing to his notice the order passed by this Court.
An opportunity is, therefore, afforded to the applicant to approach the Collector/ District Magistrate concerned again along the certified copy of the order passed in Writ-A No.- 26269 of 2003 and in the event any such application is filed, the same shall be considered and disposed of by the Collector/ District Magistrate by passing a reasoned and speaking order within a period of six weeks from the date of presentation of the application.
With the aforesaid observations/ directions, the contempt application stands disposed of.
Consigned to record.
Order Date :- 14.9.2018 Atmesh