Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5146 of 2017 Applicant :- Pushpa Devi Opposite Party :- Chandra Bhushan Singh Presently Posted As D.M. & 3 Ors.
Counsel for Applicant :- Ranjeet Asthana
Hon'ble Suneet Kumar,J.
Heard Sri Ranjeet Asthana, learned counsel for the applicant and Sri K.R. Singh, learned Additional Chief Standing Counsel appearing for the State.
Writ Court had passed an order on 10 May 2017 in Writ - C No. 20281 of 2017 (Puspa Devi vs. State of U.P. & 3 others). The operative portion of the order is extracted:
"Considering the facts, respondent No. 3 is restrained from disbursing the compensation for acquisition of Plot No. 932 in view of the on going dispute between petitioner and respondent no. 4. The amount of compensation due shall be deposited by respondent no. 3 in some interest bearing account in the nationalized bank."
Learned counsel for the applicant submits that interim order has been flouted for the reason that compensation in respect of Plot No. 932 has been paid to all the joint owners, whereas, this Court had directed that compensation for acquisition of Plot No. 932 shall be deposited in an interest bearing account. Learned counsel for the applicant does not dispute that the applicant had purchased portion (283.5 sq. metre) of Plot No. 931 and not Plot No. 932. The applicant has instituted a suit for correction of the sale-deed that 931 should be read as 932. Admittedly, as on date, applicant is the owner of a portion of Plot No. 931.
In the affidavit of compliance, it has been categorically stated that out of six owners of Plot No. 932, compensation in respect of five owners has been released, whereas, Rs.11,23,019/- has been deposited in an interest bearing account in the Nationalized Bank. In other words, it is urged that interest of the applicant has been safeguarded in terms of the writ court order.
On specific query, learned counsel for the applicant fairly submits that other owners of Plot No. 932 are not party to the writ petition.
Having due regard to the facts and circumstances of the case, I am unable to accept the contention of the learned counsel for the applicant that order of writ court has been flouted wilfully and deliberately.
The contempt application is, accordingly, dismissed.
Dismissal of the contempt application shall not preclude the applicant from pursuing the pending writ petition and the suit pending before the competent authority.
Order Date :- 27.11.2018 Mukesh Kr.