Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1607 of 2019 Applicant :- Kashi Naresh Singh Opposite Party :- Vishak G, D.M. And Another Counsel for Applicant :- Kaushal Kishor Counsel for Opposite Party :- Pramod Kumar Pandey,Pramod Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the opposite party.
From the affidavit dated 02.8.2019 filed on behalf of opposite party no.2, it is evident that the District Magistrate, Chitrakoot has proceeded to pass a detailed order on 28.4.2019 and the same was subjected to challenge by the incumbent, who was aggrieved by the said order in Writ C No.18292 of 2019 (Santosh Kumar and 5 others vs. State of UP and 4 others). The said writ petition has been entertained by this Court on 28.5.2019 and an interim order was passed that till then, the Gaon Sabha Road in dispute shall not be demolished or dismantled. Admittedly, the said writ petition is pending consideration.
In such situation the Court cannot proceed under the Contempt of Courts Act. Moreover, it is admitted situation that in response of the writ court order dated 3.12.2018 the District Magistrate has already proceeded to decide the representation of the applicant and as such, the order of the writ Court has been complied with.
Consequently, nothing further survives and the contempt application is disposed of.
It is, however, clarified that this order shall not preclude the applicant to assail the validity of the said order before the appropriate forum.
Order Date :- 21.8.2019 RKP