Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 702 of 2020 Applicant :- Indrapal Singh And 10 Others Opposite Party :- Sri Gulab Chand, Additional District Magistrate (F And R) Amroha And 2 Others Counsel for Applicant :- Jagdev Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicants, learned Standing Counsel and perused the records.
By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971 non compliance of the order of writ Court dated 9th July, 2019 passed in Writ- C No.- 12488 of 2019 is alleged.
Learned Additional Chief Standing Counsel submits that Committee has already passed an order on 5th February, 2020 on the application of the applicant which was filed in compliance of the order dated 9th July, 2019 and Committee also quoted operative portion of the order of writ Court in its order.
Learned counsel for the applicant has argued that in fact Committee has not decided the claim properly appreciating the area of the land of the applicant which has gone in the road widening and hence the order is in the teeth of this Court's order dated 9th July, 2019. He also alleges that some consideration was demanded from him by the Committee but he did do and hence the Committee passed the order. This allegations have been made only on the affidavit to be denied only on the affidavit.
Be that as it may, what I find upon the perusal of the order of writ Court is that writ Court has simply directed the applicant- petitioner to move an appropriate application to the duly constituted Committee in terms of the Government order dated 12th May, 2016 and Committee was directed to consider and decide the application of the petitioner within a stipulated period of time.
It is not disputed by the learned counsel for the applicant that the Committee has decided the matter vide order dated 5th February, 2020 and that was a duly constituted Committed under the Government order and, therefore, it cannot be said that any contempt as such has been committed by the opposite party in the order dated 9th July, 2019.
Insofar as the merit of the claim of the applicant is concerned and illegality of the order of Committee is concerned, the said issue can be raised in appropriate proceedings at appropriate forum.
In view of the above, no cause of action survives to maintain the contempt application and thus the notices are discharged.
Accordingly, the contempt application is consigned to records.
Order Date :- 29.7.2021 Atmesh