Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7123 of 2018 Applicant :- Nand Lal And 4 Others Opposite Party :- Rajesh Kumar Singh Counsel for Applicant :- Rajendra Kumar,Ashok Kumar Rai Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants.
The applicants had approached this Court by filing the writ petition. This Court dismissed the writ petition vide order dated 23.05.2018. The operative portion of the order reads thus:
"However, since an appeal is alleged to have been filed by the petitioners against the said order, which is pending, the final outcome of which is uncertain but that cannot constitute a basis to withhold the payment of compensation to the respondents for indefinite period. Interest of justice would stand served if the respondents no. 4 to 12 may be paid compensation subject to their submitting an undertaking before the respondent no. 2, Special Land Acquisition Officer, Ghazipur that they shall abide by the final outcome of the suit for cancellation of the sale deed and in case they lose their right on the basis of the sale deed they shall be under an obligation to refund the amount to be paid.
In such circumstances, we dismiss the writ petition with the observation that payment may be made to the respondents subject to their furnishing an undertaking to the above effect."
Learned counsel for the applicants submits that the writ court order has been flouted by the opposite party, as the sum due to the private respondents was released without taking an undertaking as directed by this Court.
On specific query, learned counsel for the applicant submits that the suit instituted by the applicants has been dismissed. Appeal is pending and if the appeal is allowed, the decree would have to be executed against the respondents.
In view thereof, I do not find any wilful and deliberate disobedience of the writ court order.
Petition is accordingly dismissed.
Order Date :- 21.12.2018 SKG