Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3852 of 2019 Applicant :- Mohd. Muztba And Another Opposite Party :- Rajesh Nigam, Executive Engineer Public Works Department Division 3 Rd Counsel for Applicant :- Priyavrat Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants and Shri Devesh Vikram, learned Standing Counsel.
The applicant is before this Court against the wilful defiance of the order dated 19.11.2018 passed in Writ Petition No.32819 of 2018 (Mohd. Jubair Sinddiqi & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"This petition for writ is preferred to have a direction for the respondents not to construct the road over the land of the petitioner without initiating the land acquisition proceedings and also without paying the adequate compensation.
Learned Standing Counsel after availing necessary instructions submits that the land of the petitioner has yet not been acquired and the respondents are not at all intending to construct on the land owned by the petitioner without acquiring the same in accordance with law.
In the light of the submission made by the learned Standing Counsel after availing necessary instructions, nothing survives in this petition for writ.
The writ petition is disposed of in terms of the statement made by the learned Standing Counsel."
In response to the order dated 5.8.2019, Shri Devesh Vikram, learned Standing Counsel has placed the instructions dated 22.8.2019 sent by the Executive Engineer indicating therein that the authority is still sticking with the assurance as has been given before the writ Court in question and at no point of time any interference has been made in the land of the applicant- petitioner.
In the aforesaid facts and circumstances, the Court is not inclined to proceed in the matter under the Contempt of Courts Act. On the statement so given by the authority concerned, the contempt application stands disposed of. Notices, if any, stand discharged.
Order Date :- 26.8.2019 SP/