Disposed

Nishant Kumar Upadhyay and Anr. v. State of Jharkhand and Ors.

Jharkhand HC7 Sept 2018Cont.(Cvl)/274/2014

Case brief

AI extract

What is this about?

In a contempt petition regarding willful disobedience of a prior order, the court found no reason to proceed against the opposite parties. The petitioners were directed to deposit the claimed amount to secure property transfer.

What did the court decide?

Processed the contempt petition and directed the petitioners to deposit the claimed balance amount to facilitate property transfer.

Nishant Kumar Upadhyay and Anr. Vs… — Constitutional and Fundamental Rights | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cont. (Civil) Case No.274 of 2014

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Nishant Kumar Upadhyay

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Niwesh kumar Upadhyay Both – sons of Late Daya Shankar Upadhayay, Resident of – Q. no. LIG – 44, Hazaribagh Housing Board, P.O. – Hazaribagh, P.S. – Hazaribagh, District – Hazaribagh. … Petitioner Versus

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State of Jharkhand.

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Ms. Uma Shashi Chatterjee, wife of / daughter of – not known to the petitioners, Managing Director, Jharkhand State Housing Board, P.O – Harmu, P.S. – Argora, District – Ranchi.

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Shri Vikash Kumar Ojha, son of – not known to the petitioners, the Executive Engineer, Jharkhand State Housing Board, P.O. – Harmu, P.S. – Argora, District – Ranchi.

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Shri Meghu Baraik, son of – not known to the petitioners, The Revenue Officer, Jharkhand State Housing Board, P.O. – Harmu, P.S. – Argora, District- Ranchi … … Opp. Parties

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioners : Mr. Binod Kumar Dubey, Advocate For the Opposite Parties : Dr. Ashok Kumar Singh, Advocate : Mr. Jagdeesh, Advocate

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06/07.09.2018 Counsel for the petitioners submits that this contempt application has been filed for willful disobedience of order dated 15.05.2012 passed in W.P.(C). No.186 of 2012.

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2. Counsel for the petitioner submits that pursuant to this order, the petitioner was supposed to submit the succession certificate and the balance amount as mentioned in this order and the respondents had demanded a balance amount of Rs. 500/- only and the petitioner has also submitted the succession certificate but in spite of such deposit and submission of the certificate the opposite parties did not comply with the order. However, counsel appearing on behalf of the petitioner has produced a letter dated 03.10.2016 issued by the respondentBoard asking the petitioner to deposit an amount of Rs. 1,03,754/- being alleged dues as on 31.10.2016.

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3. Counsel appearing on behalf of the opposite party submits that the petitioner was not only required to submit the succession

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certificate but was also required to pay the balance amount. He submits that the letter which has been issued to the petitioner being letter dated 3.10.2016 raising certain demand is payable by the petitioner and upon this payment with up to date interest till the date of payment, the appropriate action can be taken by the respondents so that the property is transferred in favour of the successors of the person who was allotted the LIG Quarter No. 44.

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4. Upon this, counsel for the petitioner submits that he is ready to deposit the amount which has been mentioned in letter dated 3.10.2016 with up to date interest but he prays for some time.

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5. Considering the submission made by the counsel for the parties, this contempt petition is disposed of as this Court does not find any reason to proceed against the opposite parties in this contempt proceeding.

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6. However, it will be open to the petitioners to approach the respondent – Board for the purposes of deposit of aforesaid amount which is mentioned in the covering letter dated 3.10.2016 with up to date interest so that the property can be transferred to the petitioners and/or the successors of the original allottee as per the aforesaid undertaking given by the counsel appearing for the opposite parties.

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(Anubha Rawat Choudhary, J.)

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Saurav /

Nishant Kumar Upadhyay and Anr. v. State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

Nishant Kumar Upadhyay and Anr. v. State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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