Amar Senani Babu Dwarika Singh ... vs Vikas Gothalwal District ...
2014 Latest Caselaw 2989 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- CONTEMPT No. - 1100 of 2014
 

 
Applicant :- Amar Senani Babu Dwarika Singh Laghu Madhyamik Vidyalaya
 
Opposite Party :- Vikas Gothalwal District Magistrate, Gonda & Others
 
Counsel for Applicant :- Maya Ram Yadav
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Heard learned counsel for the applicant.

The applicant alleges non-compliance of order dated 22.01.2014 passed in Writ Petition No. 435 (M/B) of 2014 (Amar Senani Babu Dwarika Singh Laghu Madhyamik Vidyalaya Vs. State of U.P. and others), whereby the writ Court directed the concerned authority not to interfere in the petitioner's/applicant's peaceful possession of land in question unless it is acquired for the purpose in accordance with the statutory provisions contained in Land Acquisition Act or statutes or other law time being in force.

Submission of learned counsel for the applicant is that copy of the order of writ Court was sent to District Magistrate along with other opposite parties of the writ petition through registered post on 25.02.2014 and despite the service of order of writ Court, opposite parties have constructed the road on the agricultural land of the applicant. Therefore, the applicant is constrained to approach this Court by means of present Contempt Petition for initiating proceedings against opposite parties under the provisions of Contempt of Court Act for willful disobedience of the order of Writ Court dated 22.01.2014.

On due consideration,  prima facie, a case of willful violation of the the order of writ Court is made out.

Let notice be issued to opposite parties to appear before this Court on  11.08.2014  to show cause as to why proceedings be not initiated against them under the provisions of Contempt of Court Act for willful disobedience of the order of writ Court dated 22.01.2014 passed in Writ Petition No. 435 (M/B) of 2014 (Amar Senani Babu Dwarika Singh Laghu Madhyamik Vidyalaya Vs. State of U.P. and others).

It is provided that if order of the writ Court is complied with and compliance report is filed, the opposite parties need not appear before this Court on the date fixed.

Order Date :- 11.7.2014

Tanveer/-