Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 283 of 2021 Applicant :- Ram Bilash Chauhan Opposite Party :- Suraj Yadav S.D.M. And 3 Others Counsel for Applicant :- Ram Yash Chauhan
Hon'ble Prakash Padia,J.
Heard Dr. S. P. Singh, learned counsel holding brief of Sri Ram Yash Chauhan, learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 28.8.2020 passed in Writ C No.12794 of 2020. The operative portion of the order is reproduced hereibelow :-
"Sri Atul Kumar Singh, learned counsel for the petitioner submits that an application for demarcation as was filed before the Court of S.D.M., Saidpur, District-Ghazipur is pending and no action has been taken on such application.
This petition can be disposed of with the direction to S.D.M., Saidpur, District-Ghazipur to look into the grievance of the petitioner and to decide the pending application, if not already decided, within three months from the date of computer generated copy of this order.
With the aforesaid observations/directions, the writ petition is disposed of."
Pursuant to the order passed by this Court an affidavit of compliance has been filed by the opposite party namely Sri Vikram Singh, Sub Divisional Magistrate, Saidpur, District Ghazipur. In paragraph 6 of the affidavit it is stated that applicant moved two applications for demarcation of arazi no.10 i.e. drainage dated 17.1.2020 and 10.9.2020, copy of the same are appended as annexures 1 and 2 to the affidavit of compliance. In paragraph 7 of the affidavit it is stated that the area of Arazi's no.10 Raqba 0.0380 hectare which is recorded as nali was measured by the revenue authorities and accordingly a report has been submitted by the Revenue Inspector on 18.11.2020. The aforesaid report was duly verified by the Tehsildar, Tehsil Saidpur, District Ghazipur and the Sub Divisional Magistrate, Saidpur, District Ghazipur on 21.11.2020. The copy of the report dated 21.11.2020 is appended as annexure 3 to the affidavit of compliance.
In this view of the matter, it is argued that the order passed by the writ court has already been complied with, therefore, no cause of action remained survive and prays that the present application be dismissed as infructuous.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 30.7.2021 Pramod Tripathi