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Kanni And 6 Others vs Shri Suhas L Y (Ias), District ...

High Court Of Judicature at Allahabad|19 February, 2021

JUDGMENT / ORDER

Heard learned counsel for the applicants.
The present contempt application has been filed for issuing notice to the respondent under section 12 of Contempt of Court Act, and punish him for willfully and deliberate disobedience of order dated 07/11/2019 passed by this Court in Writ Petition No. 35311 of 2019.
Paragraph nos. 14, 15, 16 and 18 of the order of the writ court is quoted as under:-
"14. During pendency of the aforesaid proceedings resumption proceedings were started and a notification in this regard was issued by the Commissioner, Meerut Division, Meerut on 4.4.2009. The land was notified for resumption by the State Government in favour of Yamuna Expressway Development Authority for the purpose of industrial development. After the orders were passed by the Additional Commissioner, Meerut Division, Meerut, in favour of the petitioners on 16.3.2016 the representations were submitted by the petitioners before the authority from time to time either to return the physical possession of the land to the petitioners or to make the payment of compensation to them but no decision has been taken on the same hence petitioners have preferred the present writ petition.
15. In the facts and circumstances of the case, in our opinion the grievance of the petitioners can be looked into by the authorities concerned at the first instance.
16. In the facts and circumstances of the case, present writ petition is disposed of finally permitting the petitioners to make a fresh representation ventilating all their grievances before District Magistrate/Collector, Gautam Budh Nagar/respondent no. 3 along-with certified copy of this order. If such a representation is filed, the respondent No.3 is directed to pass appropriate order on the same, expeditiously and preferably within a period of three months from the date of presentation of representation along-with certified copy of this order.
18. With the aforesaid observations, present writ petition stands disposed of. "
By the order dated 10.11.2020 annexed as Annexure No.15 to the contempt application, the representation of the petitioner has been rejected .
The said order is being challenged on merit.
In the opinion of the Court, challenging the aforesaid order is beyond the scope of the present contempt proceedings.
In such view of the matter, order of the Writ Court has been complied with and no further orders are required to be passed. Accordingly, present contempt application is consigned to record. However, needless to say that applicant is at liberty to challenge the aforesaid order before the appropriate proceedings if so advise.
Order Date :- 19.2.2021 AK Pandey
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Title

Kanni And 6 Others vs Shri Suhas L Y (Ias), District ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 February, 2021
Judges
  • Vivek Kumar Birla