Shyama Charan Singh vs Sri Neena Sharma District ...
2013 Latest Caselaw 6236 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3924 of 2013
 

 
Applicant :- Shyama Charan Singh
 
Opposite Party :- Sri Neena Sharma District Magistrate, Azamgar, And 2 Others
 
Counsel for Applicant :- R.N. Yadav
 
Counsel for Opposite Party :- S.C.
 

 
Hon'ble Krishna Murari, J.

In pursuance of the order dated 2.9.2013 opposite party no. 1 Smt. Neena Sharma, District Magistrate, Azamgarh and opposite party no. 2 Sri Brij Bihari Pandey, Sub Divisional Officer, Sagari, district Azamgarh are present in person. Affidavits termed as affidavit of compliance filed on their behalf are taken record.

In paragraphs 7 & 8 of the affidavit of the opposite party no. 1, it has been stated that in compliance of the order of this Court after summoning all the relevant records and hearing both the parties, reasoned and speaking order dated 21.9.2013 deciding the application of the applicant made under Section 133 Cr.P.C. was passed and in compliance thereof, encroachment made by the opposite party no. 3 was removed and damages imposed were recovered. The copy of the order dated 21.9.2013 and the execution report have been filed as annexure - 1 & 2 to the compliance affidavit. Opposite parties have also submitted an explanation for delay in compliance of the order which is mainly because of observing the procedural formalities.

In the facts and circumstances, the Court is satisfied that delay was not intentional or deliberate but was on account of circumstances and following the procedural requirements.

Since the order of the writ court stands complied with and the encroachment having been removed, there appears to be no justification to continue with the proceedings any further. Notices are discharged.

Let the application be consigned to record.

Order Date :- 3.10.2013

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