Disposed

Ramakant and Another v. Sri Anil Kumar Singh, D.M.

Allahabad HC2 Mar 2020CAPL/1445/2020

Case brief

AI extract

What is this about?

Held a prima facie case of civil contempt made out against a District Magistrate who failed to comply with a writ court order directing removal of illegal encroachment. The Bench granted one more opportunity to comply within two months before proceeding to punishment.

What did the court decide?

Opposite party given one final opportunity to comply with the writ court order within two months; liberty to move a fresh contempt application if not complied with.

Ramakant and Another Vs Sri Anil Kumar Singh, D.M. — Contempt of Court | Allahabad HC (2020)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1445 of 2020 Applicant :- Ramakant And Another Opposite Party :- Sri Anil Kumar Singh, D.M. Counsel for Applicant :- Harish Kumar Tripathi

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Hon'ble Mahesh Chandra Tripathi,J.

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By order dated 15.3.2019 passed in Writ C No.9674 of 2019 filed by the applicant, the Court directed as under:

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"Present petition has been filed seeking direction to the respondent authorities to remove illegal encroachment from Plot No. 195/0.0810 hectare, Plot No. 198/0.1820 hectare and Plot No. 199/0.1170 hectare situated at Village Kuichwar, Post Bodarwar, Tehsil Kaptanganj, District Kushi Nagar within stipulated period. Further prayer has been made seeking direction to the respondent authorities to decide representation of the petitioner dated 18.1.2019 and 26/27.12.2018 within stipulated period.

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A perusal of record reflects that the allegations have to be looked into for the purpose of ascertaing as to whether the construction is an encroachment or is on the private property.

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Learned Standing Counsel submits that all such aspects can be suitably looked into by the respondent no. 2-District Magistrate, Kushi Nagar.

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Accordingly, present petition stands disposed of with a direction to the respondent no. 2 to decide the representation of the petitioner by calling for record and summoning the report and in case he find substance in the claim of the petitioner he shall issue necessary directions for the purpose of taking action against the encroachers. This exercise shall be done by the respondent no. 2, preferably, within a period of two months from the date of production of a certified copy of this order."

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It appears that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within two months from the date of production of a certified copy of this order.

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The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the selfaddressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and

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keep a recorded thereof.

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The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.

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With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.

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Order Date :- 2.3.2020 RKP

Ramakant and Another v. Sri Anil Kumar Singh, D.M.

Case brief

What is this about?

What did the court decide?

Ramakant and Another v. Sri Anil Kumar Singh, D.M.

Case brief

What is this about?

What did the court decide?

What the court decided

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