Rekha State Pvt. Ltd. v. Mahesh Gupta, Principal Secretary I. D. A. -4 C. S. , U. P.
2015-05-11
RAJESH DAYAL KHARE
body2015
DigiLaw.ai
JUDGMENT Rajesh Dayal Khare, J. Heard learned counsel for the applicant. 2. The grievance of the applicant is that the opposite parties-contemnors have deliberately and intentionally flouted the order dated 07.10.2010 passed in Writ-C-No. 59100 of 2006, copy of which order of the writ Court has been annexed as annexure-3 to the affidavit accompanying this contempt application, whereby the notification issued under Section 4 and 6 of the Land Acquisition Act dated 13.2.2006 and 12.6.2006 were quashed. 3. Learned counsel for the applicant contends that the aforesaid order of the Writ Court was duly served upon the opposite parties which is authenticated by letter of the Secretary U.P. Lucknow dated 10.6.2014 copy of which has been filed as annexure-4. It is argued that in spite of the order being served upon the opposite parties, opposite parties are threatening to demolish the construction and are creating hindrance in peaceful possession of the applicant over the plot in question as has been averred in paragraph-13 of the affidavit, for which various representations were given by the applicant dated 19.9.2014 and 07.3.2015 by registered post, copy whereof along with registry receipt has been filed as annexure-5. It is contended that in spite of the service of the order of the writ Court, same has not been complied with, therefore, the opposite parties have deliberately flouted the order of the Writ Court. 4. The opposite parties No. 2 to 4 are bound by the order of this court and in case they do not comply with the directions of the writ court within a period of two months of receipt of this order, without any reasonable cause, the court would have no option but to proceed against them under the Contempt of Courts Act. 5. The applicant shall supply a duly stamped registered envelope addressed to the opposite parties No. 2 to 4 and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within three weeks from today and keep a record thereof. 6. The opposite parties No. 2 to 4 shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter. 7.
6. The opposite parties No. 2 to 4 shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelope within a week thereafter. 7. In case, opposite parties No. 2 to 4 do not comply with the aforesaid directions, it would be open to the applicant to approach this court again. With the aforesaid observations, this application is finally disposed of at this stage.