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2014 DIGILAW 1290 (MP)

Ramdayal Jatav v. M. C. B. Chakarvati

2014-10-09

ROHIT ARYA, S.K.GANGELE

body2014
JUDGMENT 1.Heard. This contempt petition is filed seeking compliance of the order passed on 11/04/2012 in W.P. No. 1357/2011 (PIL). 2. This Court while disposing of the aforesaid writ petition has passed the following order: “In this view of the matter, this writ petition is disposed of with a direction that the respondents No. 5 and 6 shall verify the fact that whether there is any encroachment over the land which was reserved for park marked as “ABCD” in survey Nos. 2667, 2668/2, 2669, 2670 and 2671 situated at Bhind and if it be found that there is any encroachment, a proper action shall be taken in regard to removal of encroachment after giving an opportunity of hearing to the concerned persons. The order be complied with within a period of two months from the date of receipt of copy of the order. With the aforesaid direction, this petition stands disposed of. No order as to costs.” 3. Counsel for the applicants submits that so far the encroachment has not been removed though as per compliance report filed by the respondents in this contempt petition, they have undertaken to remove the encroachment. 4. Counsel for the respondents' submits that civil suits are pending consideration before the civil Court of competent jurisdiction by 04 persons against whom the complaint has been filed in respect of the encroachment. Counsel, however, assures this Court that necessary steps will be taken for taking appropriate action against the erring persons for encroachment after decision rendered by the civil Court in the said civil suits. 5. In view of the aforesaid statement made at Bar by counsel for respondents, this contempt petition is disposed of with a direction that after the civil suits are decided by the civil Court of competent jurisdiction and if found there is encroachment by all persons or any of the persons against whom complaint has been made as regards encroachment, necessary steps shall be taken for removal of the encroachment in accordance with law. Hence, no contempt is made out, Rule nisi issued against the respondents is discharged. Certified copy as per rules.