Court No. - 16
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5442 of 2017 Applicant :- Dambar Singh Opposite Party :- Sri Omkar Singh Consolidation Officer Hasanpur Counsel for Applicant :- Mahendra Pal Singh Gaur
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant.
It is alleged that the order passed by writ court dated 2.5.2017 in Civil Misc. Writ Petition No. 18803 of 2017 has not been complied with, despite service of it. Order dated 2.5.2017 reads as Under:-
"By means of the instant petition, petitioner seeks the following relief:
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent to decide the applications dated 16.12.2016 of petitioner within stipulated period.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent to committing measurement of gata no. 546/2 area 0.217 and gata no. 549 area 0.194 (the gata no. 546/2 area o.211 hectare is converted into gata no. 1065 area 0.211 hectare and gata no. 549 area 0.194 hectare is converted in gata no. 1067 area 0.194 hectare by consolidation proceeding in C.H. 41) situated at village Sahvajpur Dhola, Pargana and Tehsil Hasanpur, District Amroha."
It is sought to be urged that certain interpolations have been made in C.H. 41, whereby, the plot allotted to the petitioner being gata no. 1065 ad measuring 0.21 hectare has been marked for school, for which, petitioner has made an application before the Consolidation Officer which is pending.
Learned Standing Counsel would submit that appropriate orders shall be passed by the Consolidation Officer.
In regard thereto, on consent, the writ petition is disposed of finally with a direction to the Consolidation Officer, Hasanpur, District Amroha, to decide the petitioner's application, in accordance with law, by a reasoned and speaking order, expeditiously, within three months from the date of receipt of certified copy of this order after hearing all the affected parties.
It is made clear that the Court has adjudicated the claim of the petitioner on merit".
It is alleged that the order of the writ court has been served upon the opposite party by registered speed post on 18.8.2017 but till date no decision has been taken.
In the facts and circumstances of the case, as has been brought on record, prima-facie case of disobedience of order of writ court is made out. However, one more indulgence is allowed to the opposite party to ensure compliance of the order passed by the writ Court.
Office is directed to send a copy of this petition to the opposite party concerned alongwith a copy of this order. It shall keep record of the same. Process fee for the purpose be supplied by the petitioner within a week.
Considering the above, this contempt petition is disposed of with a direction upon the opposite party to comply with the directions issued by the writ court within a period of 2 months from the date of presentation of certified copy of this order. Liberty is reserved to the applicant to approach this Court again, in case the order of writ court is still not complied with.
Order Date :- 27.11.2017 n.u.