Radhika vs Sri Mangala Prasad Singh D.M. And 6 ...
2021 Latest Caselaw 10729 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2769 of 2021
 

 
Applicant :- Radhika
 
Opposite Party :- Sri Mangala Prasad Singh D.M. And 6 Others
 
Counsel for Applicant :- Pramod Kumar Pandey
 

 
Hon'ble Prakash Padia,J.

Supplementary affidavit filed on behalf of the applicant today in the Court is taken on record.

Heard learned counsel for the applicant and perused the record.

The applicant has preferred the present contempt application for non-compliance of the final judgment and order dated 26.03.2021 passed in Writ Petition No. 81 of 2021 (Radhika vs. Deputy Director of Consolidation and 2 others). The order dated 26.3.2021 is reproduced herein below:-

"Learned Standing Counsel based on the instructions submits that the wells in the village were adopted as the fixed points for making measurements.

Learned Standing Counsel to file counter affidavit. The counter affidavit shall also disclose the dates on which the wells which were taken as fixed points were constructed. The relevant provisions of law and other supporting documents shall also be brought in the record.

Put up on 10.05.2021 in the list of fresh cases.

In the meantime the existing residential house of the petitioner shall not be demolished. The petitioner is also restrained from making any fresh construction on the disputed parcels of land. Since the house of the petitioner has been protected, the chak road shall not be interfered with."

It is argued by learned counsel for the applicant that despite the aforesaid order, the respondent/opposite party no. 7 in the present contempt petition namely, Ram Vilash Yadav has illegally started throwing soil over the arazi of the applicant/petitioner. In this regard, the applicant has also submitted a representation before the District Magistrate, Ghazipur on 20.7.2021, copy of which is appended as annexure-10 to the affidavit filed in support of the contempt application.

The present contempt application is disposed of finally by directing the applicant to submit a fresh representation ventilating all her grievances before the District Magistrate, Ghazipur within two weeks from today along with a copy of this order. In case any such representation is made, the District Magistrate, Ghazipur shall enquire into the matter and pass appropriate orders in accordance with law expeditiously, preferably within a period of eight weeks from the date of filing of the representation, after providing opportunity of hearing to all parties concerned.

The contempt application is disposed of finally.

Order Date :- 24.8.2021

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