Court No. - 50
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2865 of 2010 Applicant :- Jai Prakash @ Lalloo And Others Opposite Party :- Sri Dina Nath And Others Counsel for Applicant :- S.N. Pandey,A.K. Pandey Counsel for Opposite Party :- D.K. Singh
Hon'ble Jayant Banerji,J.
Heard Shri A.K. Pandey, learned counsel for the applicants and Shri D.K. Singh, learned counsel for the opposite party nos.2 and 3.
This contempt application has been filed alleging violation of the order dated 3 April 1996 passed by the Writ Court in Writ Petition No.11425 of 1996 (Dina Nath & Anr. vs. D.D.C. & Ors.) whereby this Court, by means of an interim order, directed that till further orders of this Court, the parties shall maintain status quo on the spot.
It was alleged in the affidavit filed in support of the contempt application that in the teeth of the interim order passed by the Writ Court, the opposite parties were making effort to raise constructions by dumping bricks and construction materials. Notices were issued to the opposite parties.
In the counter affidavit filed on behalf of the opposite party no.2-Smt. Usha Devi, it has been stated in paragraph 5 that after the order of the Writ Court, no development on the spot has been made by the opposite party no.2 and she will not change the nature on the spot in future also. It has been stated that the bricks of the boundary wall which was constructed were collected and, therefore, there is no violation of the order of the Writ Court.
Considering the affidavit filed by the opposite party no.2 and the statement made in paragraph 5 by her, no cause of action survives.
This contempt application is, therefore, dismissed.
Order Date :- 29.4.2019 SK (Jayant Banerji, J.)