Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4711 of 2018 Applicant :- Chanda Devi Opposite Party :- Sri Suhas L.Y., D. M. And 3 Ors Counsel for Applicant :- Lal Ji Maurya,Vinod Kumar
Hon'ble Suneet Kumar,J.
Sri P.K. Giri, learned Additional Chief Standing Counsel has received instructions vide communication dated 29 November 2018 comprising of 43 pages, a copy of the same has been made available to the learned counsel for the applicant.
It is urged that plot no. 200 is recorded as banjar and out of which 0.011 hectare was allotted to the applicant in 1996. As per instructions, the applicant is in possession of her plot along with the plot allotted to her brother, therefore, it is urged that under the garb of the instant proceedings the applicant wants to usurp additional land.
Learned counsel for the applicant disputes the factum of the report, as well as, naksha najri and submits that she was allotted some other plot and not the plot as is being alleged in the instructions. Learned counsel for the applicant, however, admits that plot no. 200 is recorded as banjar and on the said plot she was allotted 0.011 hectare.
Be that as it may, serious disputed questions of fact are involved which cannot be gone into in contempt jurisdiction. Third party rights have already been created by the Gaon Sabha on the plot in dispute, on which, the applicant claims her possession.
In the circumstances, petition is consigned to record.
It will be open for the applicant to take recourse to remedy before the appropriate forum in accordance with law.
Notices, if any, stands discharged. Presence of the officers is exempted.
Order Date :- 30.11.2018 S.Prakash