This single-paragraph order dismisses a contempt application alleging failure to decide a land acquisition reference within six months as directed. The court accepted the information that the reference is now pending with a new authority and disposed of the matter.
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Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 712 of 2018
Applicant :- Sartaj Ali Opposite Party :- Sudeep Kumar Baneerji Additional Distt. Judge Mahapalika Tr Counsel for Applicant :- S.P. Singh Somvanshi Counsel for Opposite Party :- Gaurav Mehrotra
Hon'ble Rajeev Singh,J.
Heard.
On 22.11.2022, this Court had passed the following order:-
"Heard Shri S.P. Singh Somvanshi, learned counsel for the applicant and Shri Abhijeet Jaiswal, Advocate holding brief of Shri Gaurav Mehrotra, learned counsel for the opposite party.
On 30.09.2022, this Court had passed the following order:-
" The present contempt application is filed on 19.3.2018 with the avernment that order dated 29.11.2016 passed in Writ Petition No.113 (LANA) of 2015 (Sartaj Ali Vs. State of U.P. and Ors.) was deliberately not complied with by the respondent-Presiding Officer, Sudeep Kumar Banerji, Addl. District Judge, Nagar Mahapalika Tribunal, Lucknow. On 29.11.2016, Division Bench of this Court directed the Presiding Officer to decide the reference under Section 30 of the Land Acquisition Act, 1894 which was pending since 27.7.2015.
On 21.3.2018, following order was passed:-
"Heard learned counsel for the petitioner and perused the order of the writ court dated 29.11.2016, by which, the opposite party was directed to decide the pending reference as expeditiously as possible preferably within six months.
The grievance of the petitioner is that a period of more than one and a half years has passed since the order was passed by this Court, but till today, the reference has not been decided.
Let a report be called for from the opposite party, which shall be submitted through the Session Judge, Lucknow explaining therein the circumstances as to why the reference could not be decided till today although there was a direction to decide the same expeditiously. The report shall be submitted within two weeks. List on 16.04.2018."
As per the office report dated 24.4.2018, compliance report is not received from the respondent till date, thereafter, case was listed several times. On 16.8.2022, following order was passed:-
"The instant petition has been preferred for alleging non-compliance of the order dated 29.11.2016 passed in Writ Petition No. 113 (LA) of 2015 (Sartaj Ali Vs. State of U.P. and others) whereby the reference pending before the District Judge, Nagar Mahapalika Tribunal, Lucknow was to be decided within a period of six months. The record indicates that the Court by means of order dated 21.03.2018 had called for a report from the Sessions Judge, Lucknow as to why the order has not been complied with. The record indicates that the aforesaid report has also not been brought on record.
The Court has called upon Sri Gaurav Mehrotra, learned counsel who usually appears on behalf of the subordinate judiciary.
The learned counsel for the petitioner shall provide a complete copy of the contempt petition to Sri Mehrotra who shall seek instructions and inform the Court as to why the order passed by the writ court as well as the order dated 21.03.2018 passed by the contempt court has not been complied with.
List this matter on 08th September, 2022. Office is directed to print the name of Sri Gaurav Mehrotra, as counsel for the respondent, when the matter is next listed."
Mr. Gaurav Mehrotra, learned counsel appearing for the subordinate judiciary was invited to seek complete instructions and the matter was posted on 8.9.2022 and on the said date, he requested for some more time to seek instructions and time was granted and case was fixed for today. Today, Mr. Gaurav Mehrotra submits that the State Government has issued notification dated 4.8.2022 for transferring all references pending under the provision of Land Acquisition Act, 1894 before Land Acquisition, Rehabilitation and Resettlement Authorities constituted under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
He also informed that on the basis of instructions that presiding officer, namely, Sri Harish Tripathi was posted as Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Lucknow and he was transferred on 29.9.2022 to the post of Presiding Officer of Commercial Court, Lucknow and now the post of Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Lucknow is vacant, the reference of the applicant is pending.
It is very unfortunate that reference of the applicant is pending since 2015 despite the order passed by the Writ Court on 29.11.2016, in which, a direction was issued to decide the reference within six months and the order was served to the Presiding Officer, Nagar Mahapalika Tribunal, Lucknow on 29.8.2017 .
List this case on 12.10.2022. Mr. Sunil Bajpayee, Additional Chief Standing Counsel is directed to seek instructions from Principal Secretary (Law)/Legal Remembrancer, Government of U.P. that under what circumstances the post of Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority is vacant. "
In compliance of the aforesaid order, Shri Sunil Bajpayee, learned Additional Chief Standing Counsel appearing for the opposite party placed Notification No.1583/Admin. (Services)/Allahabad, dated 19.11.2022, issued by Registrar General and also submits that Mr. Ajay Krishna, H.J.S. has been appointed as Presiding Officer, LARRA, Lucknow.
Shri Abhijeet Jaiswal, learned counsel for the opposite party prays for some time to seek instructions. Accordingly, the prayer is allowed. List this case on 14.12.2022 within top ten cases.
In the meantime, Shri Sunil Bajpayee, learned Additional Chief Standing Counsel may seek instructions from Mr. Ajay Krishna, Presiding Officer, LARRA, Lucknow. "
Shri Sunil Bajpayee, learned Additional Chief Standing Counsel appearing for the opposite party placed written instructions, dated 08.12.2022 and submits that hearing of the case is going on and very soon same will be concluded.Written instructions provided by Shri Sunil Bajpayee, learned Additional Chief
Standing Counsel is taken on record.
Considering the submission of Shri Sunil Bajpayee, learned Additional Chief Standing Counsel appearing for the opposite party and going through the order dated 08.12.2022, the present contempt application is disposed of with expectation that case in question shall be decided within six months from today, in accordance with law.
Order Date :- 14.12.2022 Amit/-
Digitally signed by AMIT KUMAR Date: 2022.12.14 18:17:08 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Sartaj Ali
Sudeep Kumar Baneerji
Rajeev Singh
As recorded by the court registry
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