Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1080 of 2018 Applicant :- Kedar Nath And Another Opposite Party :- Johara Khatoon Counsel for Applicant :- Raj Kishor Mishra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant.
This petition alleges that the opposite parties have in violation of the interim order passed on 28 July 2011 dispossessed the applicant.
From a careful consideration of the averments made in para 11 as well as the photographs appended alongwih the instant application, it is evident that the demolition has taken place at the behest of the Public Works Department and in the course of road widening.
Whether the shop in question falls foul of the road widening restrictions and has been razed in accordance with law are all disputed issues of fact which cannot possibly be gone into by this Court while exercising its jurisdiction in contempt. Presently it is evident that the action has no connection with the dispute raised in the writ petition.
The petition is dismissed.
Order Date :- 27.2.2018 nethra