CLCON/435/2019
2021 Latest Caselaw 4850 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 1ST DAY OF DECEMBER, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

       Contempt Petition No. 435 of 2019
BETWEEN:

Anil Saran Agrawal                        ... Petitioner
       (By Mr. B.S. Adhikari, Advocate)

AND:

Surendra Narayan Panday                   ... Opposite Party

       (By Mr. J.S. Bisht, Advocate)


                        JUDGMENT

1. WPPIL No. 144 of 2017 filed by the petitioner was disposed of with a direction to District Magistrate, Champawat to ensure that Government Degree College vacates the Old Girls School building as well as vacant land within one month and handover the same to Girls School; further direction was issued to the District Magistrate to hold enquiry whether encroachment has been made on Government land and if any encroachment is found, the same shall be removed, in accordance with law, within three months.

2. Alleging non-compliance of the said order, this contempt petition has been filed.

3. A compliance affidavit has been filed by Surendra Narayan Pandey, District Magistrate, Champawat.

4. In para 3 of the said affidavit, it has been stated that in compliance of order passed by Division Bench of this Court, Old Girls School building was got vacated on 26.09.2018 from the possession of Government Girls Inter College, Tanakpur and the same was handed over to Principal, Government Girls Inter College, Tanakpur.

5. In para 4 of the said affidavit, it has been stated that an enquiry was held regarding encroachment, if any, on the Government land and it was found that there is no illegal encroachment over the Government land or over the sports ground of Old Government Girls Inter College.

6. Based on these averments, Mr. J.S. Bisht, learned Standing Counsel appearing for the opposite party submits that the order passed by Division Bench of this Court has been complied with.

7. This Court is also of the opinion that substantial compliance of the order of Division Bench has been made.

8. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged. However, this order will not preclude the petitioner from approaching the appropriate authority, in case any of his grievance still survives.

(Manoj Kumar Tiwari, J.) Aswal