CLCON/546/2019
2021 Latest Caselaw 4890 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 2ND DAY OF DECEMBER, 2021
                       BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     CONTEMPT PETITION No. 546 of 2019

BETWEEN:

Rajesh Sharma.                                     ...Petitioner
     (By Mr. Bhuwan Bhatt, Advocate)

AND:
Shri S.A. Murugation & another.              ...Respondents
     (By Mr. J.S. Bisht, Standing Counsel for the State of
     Uttarakhand)


                     JUDGMENT

The Division Bench of this Court had directed District Magistrate, Dehradun to initiate eviction proceedings against the persons, who have encroached upon Government Land, Forest Land, Public Road and Cremation Ground, within a period of three months.

2. Alleging willful disobedience of the said order, this contempt petition was filed.

3. A response affidavit has been filed by Mr. C. Ravishankar, District Magistrate, Dehradun. In paragraph no. 10 of the said affidavit, it has been stated that, in the land of village Central Hopetown, there is no encroachment on forest land, public road and cremation ground and wherever encroachments

in land under category 6(1) were found, action has been initiated for eviction.

2. In view of the stand taken by the then District Magistrate in his response affidavit, the Contempt Petition is closed. Contempt notices issued to the respondents are hereby discharged. However, petitioner shall be at liberty to file contempt petition afresh, if cause of action still survives.

(MANOJ KUMAR TIWARI, J.) Arpan