Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4281 of 2018 Applicant :- Om Prakash Opposite Party :- Brahmanand, Executive Engineer Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- Baleshwar Chaturvedi Hon'ble Manoj Kumar Gupta,J.
In terms of order dated 28.5.2018 in Writ-C No.18462 of 2018, the application of the applicant for grant of electricity connection for tube-well was required to be considered and decided within six weeks.
In compliance of the said order, the Executive Officer has issued an order for providing electric connection to the applicant. However, it is observed in the said order that a civil suit is pending at the instance of one Smt. Mithilesh Devi and in case any obstruction is created by her, it shall be responsibility of the applicant to take care of the same.
Sri Baleshwar Chaturvedi, learned counsel for the opposite party submitted that an order of temporary injunction was granted in favour of Smt. Mithilesh Devi on 23.4.2018 and on account of which, the electricity lines could not be installed.
On the contrary, learned counsel for the applicant submitted that the injunction order was for limited duration and it has come to an end.
In the opinion of the Court, since an order sanctioning electricity connection has already been passed in favour of the applicant, therefore, no ground is made out to proceed in contempt. However, it shall be open to the applicant to approach the opposite party and apprise him of the factual position in respect of the order of temporary injunction and in case there is no order in operation, the opposite party shall ensure that the order passed by him sanctioning electricity connection is duly implemented.
Sri Baleshwar Chaturvedi, learned counsel for the opposite party has also made a statement that in case injunction order is not operating, the order passed by the opposite party sanctioning the electricity connection would be given effect to.
Having regard to the same, the contempt application stands disposed of.
(Manoj Kumar Gupta, J) Order Date :- 13.9.2018 SL