Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3990 of 2021 Applicant :- Shiv Prashad Opposite Party :- Manish Kumar Verma, District Magistrate And 2 Others Counsel for Applicant :- Vijay Kumar Rai
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant.
By means of this contempt application under Section 12 of the Contempt of Courts' Act the non compliance of the order of Division Bench dated 02.08.2021 passed in Public Interest Litigation No. 564 of 2020 has been complained of.
It is submitted by learned counsel for the applicant that the Sub Divisional Magistrate by passing an order dated 02.08.2021 has directed for measurement exercise to be carried out and so resultantly the demarcation and consequential eviction of the applicant from the land in question on 08.08.2021 has amounted to contempt of the order of Division Bench of this Court in Public Interest Litigation (supra).
From the perusal of order of Division Bench dated 02.08.2021 passed in PIL No. 564 of 2020, it transpires that the direction nos. 4, 5 & 6 that were issued by the Division Bench vide order dated 31.05.2021 were made non operative from 02.08.2021 onwards and the further after directions made initially in the order of Division Bench dated 31.05.2021 were further directed to remain non operative after expiry of 15 days.
In view of the above, the Division Bench restraint order regarding eviction, dispossession or demolition as contained in the direction no. 4 seized to operate on 02.08.2021, hence no contempt is made out.
However, in case if the applicant stood aggrieved as result of a lawful proceedings that culminated in a final order passed on 02.08.2021 and eviction on 08.08.2021, he may challenge the same in appropriate proceeding at appropriate forum.
Contempt application is accordingly consigned to record. Notices issued, if any, stand discharged.
Order Date :- 30.9.2021 IrfanUddin