Munna Lal vs Smt. Aditi Singh, District ...
2019 Latest Caselaw 6063 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3745 of 2019
 

 
Applicant :- Munna Lal
 
Opposite Party :- Smt. Aditi Singh, District Magistrate And And Another
 
Counsel for Applicant :- Rakesh Tripathi I
 

 
Hon'ble Mahesh Chandra Tripathi,J.

As it has been alleged that the order dated 25.4.2019 passed in Writ C No 8195 of 2019 filed by the applicant, is being flouted, whereby this Court has proceeded to pass the following order.

"Counter affidavit filed today is taken on record.

This writ petition, inter alia, has been filed for the following reliefs:

"i). issue, a writ, order or direction in the nature of mandamus commanding the respondents not to evict the petitioners from vending zone situated at Freeganj Road between Raghubirganj to Kusht Ashram Hapur.

ii). issue, a writ, order or direction in the nature of mandamus commanding the respondents not to relocate the petitioners from present vending zone without adopting proper procedure in accordance with rules, 2017."

Heard learned counsel for the parties and perused the record.

Sri Gaurav Singh, learned Standing Counsel, on the basis of instructions received on 15.4.2019, stated that the respondent authorities are not taking any steps to evict the petitioners forcefully from the public vending zone.

Since the apprehension of the petitioners that they will be evicted is misplaced, we do not see any justification to interfere in the matter.

With the aforesaid observation this writ petition stands finally disposed of.

This order has been passed in the presence of Sri Gambhir Tripathi, learned counsel for the Nagar Palika Parishad, Respondent No. 3."

The matter was taken up on 31.5.2019 and the Court has asked Sri K.R.Singh, learned Additional Chief Standing Counsel to seek the instruction from the opposite parties. In response to the order dated 31.5.2019, Sri K.R.Singh, learned Additional Chief Standing Counsel has placed the detailed instructions sent by the District Magistrate, Hapur duly signed by A.D.M. (F&R), Hapur and D.G.C. (Civil), Hapur whereby it has been informed that so far as the earlier decision for creating a vending zone at Freeganj Road, Hapur, the decision has already been taken on 20.2.2019 that the same is liable to be shifted at Private Bus Stand, in front of Ramleela ground, Hapur but the said decision has deliberately not been placed by the applicant before this Court while filing the aforementioned writ petition.

Learned counsel for the applicant has also placed the order dated 29.6.2019 passed by Executive Officer, Nagar Palika Parishad, Hapur wherein all the members have taken a decision to shift the vending zone.

In the facts and circumstances, the Court is of the considered opinion that no case of willful contempt is made out against the opposite parties.

Consequently, the present contempt application is rejected. However, this order would not preclude the applicant to agitate before the appropriate Forum.

Order Date :- 9.7.2019

A.K.Srivastava