Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 116 of 2018 Appellant :- Ramesh Prasad And 3 Others Respondent :- Harikesh Chaurasiya And Another Counsel for Appellant :- Chandan Sharma,Jitendra Kumar Counsel for Respondent :- Vivek Verma Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules to assail the order dated 18 January 2018 passed by a learned Judge of this Court in Contempt Application (Civil) No.6219 of 2017. The Contempt Application had been filed alleging willful disobedience of the interim orders dated 31 May 2013 and 2 July 2013 passed in Writ Petition No.31901 of 2013 (Ramesh Prasad Vs. Union of India & Ors.), orders dated 31 May 2013 and 2 July 2013 passed in Writ Petition No.31907 of 2013 (Manjeet Singh Bagga Vs. Union of India & Ors.), orders dated 11 June 2013 and 2 July 2013 passed in Writ Petition No.33457 of 2013 (Smt. Govind Kaur Vs. Union of India & Ors.) and the orders dated 12 June 2013 and 2 July 2013 passed in Writ Petition No.33488 of 2013 (Harvinder Singh Vs. Union of India & Ors.).
It is stated that a statement was made by learned counsel for the Nagar Nigam that no demolition of the shops in questions shall be made till 2 July 2013 and on 2 July 2013, the Court ordered that the interim order granted earlier shall continue.
In the Contempt Petition it is alleged that a notice was issued on 19 December 2017 granting a week's time to the applicants for removal of the shops.
This notice has been brought on record of the writ petition but the shops have not been demolished.
It is, therefore for the petitioners to pursue the matter in the writ petition and this what has also been observed by the Court in the order dated 18 January 2018.
The Special Appeal, therefore, deserves to be dismissed and is, accordingly, dismissed.
Order Date :- 26.2.2018 GS (Jayant Banerji, J.) (Dilip Gupta, J.) Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 116 of 2018
Appellant :- Ramesh Prasad And 3 Others Respondent :- Harikesh Chaurasiya And Another Counsel for Appellant :- Chandan Sharma,Jitendra Kumar
Counsel for Respondent :- Vivek Verma
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
Civil Misc. Delay Condonation Application No.NIL of 2018 :
This application has been filed for condoning the delay in filing the Special Appeal.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the applicants were prevented by sufficient cause from preferring the Special Appeal within the period of limitation.
The application is, accordingly, allowed.
Order Date :- 26.2.2018 GS
(Jayant Banerji, J.) (Dilip Gupta, J.)