Subir Mukherjee v. Nagendra Pratap Singh D.M. and Another

Allahabad HC25 Apr 2019CAPL/871/2016

Case brief

AI extract

What is this about?

The applicant sought direction to initiate contempt proceedings for disobedience of an order directing measurement and demarcation of land plots. The respondent authorities reported that the task was impossible due to the area being densely populated. The court held that the complaint stands resolved as authorities tried their level best, disposing of the application and directing the applicant to

What did the court decide?

The contempt application is disposed of. The applicant is directed to file a suit if they have any grievance.

Subir Mukherjee Vs Nagendra Pratap Singh D.M. and Another — Land Acquisition | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 871 of 2016

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Applicant :- Subir Mukherjee Opposite Party :- Nagendra Pratap Singh D.M. And Another Counsel for Applicant :- Rakesh Kumar Srivastava,Anil Kumar Mehrotra,Shrikrishna Shukla,Srijan Mehrotra Counsel for Opposite Party :- S.C.

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Hon'ble Mahesh Chandra Tripathi,J.

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Ref: Civil Misc. Substitution Application

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Substitution application is allowed. Necessary substitution be carried out forthwith.

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Ref: Contempt Application

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Heard learned counsel for the applicant and Shri Sheetla Prasad, learned Standing Counsel.

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The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 03.11.2014 passed in Writ-C No.58072 of 2014 (Subir Mukherjee vs. District Magistrate G.B. Nagar and another). For ready reference, the relevant extract of order dated 03.11.2014 is quoted as under:-

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"Without entering into the controversy involved in the writ petition, the writ petition is disposed of with direction to the respondents to get the measurement as well as demarcation of plot nos. 497 and 498 situated in village Chipiyana Buzurg pargana and tehsil Dadari, district Gautambudh Nagar, expeditiously, preferably within a period of one year from the date of producing a certified copy of this order before him."

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On the matter being taken up today, Shri Sheetla Prasad, learned Standing Counsel has placed reliance on paragraph 10 of the affidavit of compliance dated 11.04.2016 and submits that in compliance of aforesaid order, on 02.04.2016 the Naib Tehsildar alongwith revenue team tried their level best to get the land i.e. plot no.497 measured and demarcated and thereafter a report was submitted on 02.04.2016, in which it has been stated that due to the densely populated area, the measurement and demarcation of plot in question is not possible. The relevant photographs are also attached with the said affidavit.

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In the facts and circumstances of the case, once in response to

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the writ court order, the Authorities their level best have tried for demarcation and measurement of the plot but the same is not at all possible being densely populated area, then this Court is of the considered opinion that nothing survives in the present contempt application and in case the applicant has any grievance, he can file a suit in this regard and at this stage, no reprieve can be extended in the contempt proceeding.

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With these observations, the Contempt Application is disposed of .

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Order Date :- 25.4.2019 A. Pandey

Subir Mukherjee v. Nagendra Pratap Singh D.M. and Another

Case brief

What is this about?

What did the court decide?

Subir Mukherjee v. Nagendra Pratap Singh D.M. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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