CLCON/283/2021
2021 Latest Caselaw 2545 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 22NDDAY OF JULY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Contempt Petition No. 283 of 2021
BETWEEN:

Vijay Thapa                              ...Petitioner
     (By Mr. Shakti Singh, Advocate)

AND:

Nitin Bhadoriya                          ...Opposite Party


                      JUDGMENT

1. WPMS No. 1218 of 2020 was disposed of vide order dated 05.08.2020. Operative portion of the said judgment reads as under:-

"In such view of the matter, the writ petition is disposed of with liberty to petitioner to move an application for demarcation of the land under Section 41 of U.P. Land Revenue Act, 1901 within ten days from today. If such an application is made within the stipulated time, the Competent Authority shall consider petitioner's application and demarcate petitioner's land, in accordance with law, within six weeks from the date of receipt of such application alongwith certified copy of this order."

2. This contempt petition has been filed alleging that opposite party has wilfully disobeyed the order, inasmuch as, no decision has been taken on petitioner's application.

3. Having regard to the facts of the case, before issuing contempt notice to the opposite party,

this Court thinks that one more opportunity be given for compliance of the order of this Court.

4. In such view of the matter, the contempt petition is disposed of with liberty to the petitioner to make fresh representation for demarcation to the Competent Authority i.e. Assistant Collector 1stClass/Sub-Divisional Magistrate, Almora, within two weeks from today. If such a representation is filed within stipulated time, the Competent Authority shall consider the same and pass appropriate order, in accordance with law, in view of direction issued in WPMS No. 1218 of 2020.

(MANOJ KUMAR TIWARI, J.) Aswal