DHARAM VIR SINGH v. SHRI VIVEK SRIVASTAVA, SECY. LKO. DEVELOPMENT AUTHORITY, LKO.
CAPL/4412/2024 · 2025-01-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168838 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168838 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6069 Court No. - 17 Case :-CONTEMPT APPLICATION (CIVIL) No. - 4412 of 2024 Applicant :- Dharam Vir Singh Opposite Party :- Shri Vivek Srivastava, Secy. Lko. Development Authority, Lko. Counsel for Applicant :- Chandra Bhanu Singh Counsel for Opposite Party :- Ratnesh Chandra Hon'ble Manish Kumar,J.
1. The present contempt application has been preferred for non- compliance of the judgment and order dated 26.02.2024. The relevant extract of the judgment and order dated 26.02.2024 is quoted hereinbelow:-
"Heard learned counsel for petitioner and the learned Standing Counsel for the State. Petitioner has approached this Court claiming that he was allotted an area of 39.697 sq. meter of commercial land by communication dated
02.11.2019. Now, on a physical possession taken the petitioner is being given only an area of 39.297 sq. meter of land. Thus, an area of 0.400 sq. meter of land is less than allotted to the petitioner.
Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.
Learned counsel for respondents have no objection to the same. In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.3-Secretary, Lucknow Development Authority, Lucknow, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order. In case such a representation is moved by petitioner, respondent no.3, shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law. With the aforesaid directions, present writ petition is disposed of."
2. Learned counsel for the applicant has submitted that a compliance affidavit filed by Shri Vivek Shrivastava, Secretary, Lucknow Development Authority enclosing therein the decision dated 10.01.2025 taken on the representation of the applicant is not tenable in the eyes of law. 3. It is further submitted that the representation of the applicant has been decided on the ground that the applicant had evaded his presence at the time of measurement of the plot though there was no notice to the applicant for the same, hence the judgment and order passed by the writ court has not been complied with. There is a willful and intentional disobedience on the part of the respondent. 4. On the other hand, learned counsel for the respondent has drawn attention of this Court to the order dated 10.01.2025 wherein it has specifically been mentioned that the order for inspection and measurement was made in the presence of the applicant on 24.05.2024. When the authorities reached the spot and asked the applicant thrice on telephone to come at the spot for the purposes of measurement but he had shown his inability to be present at the spot. While deciding the representation of the applicant, the respondent has provided the measurement of the plot could only be made after the time and date agreed between the applicant and the officers of the L.D.A.
5.
After hearing learned counsel for the parties, going through the record of the case, the writ court has directed the respondent to consider and decide the representation of the applicant and apart from that there is no direction by the writ court, in pursuance thereof, the decision has to be taken and the copy of which has been enclosed along with the compliance affidavit filed on 15.01.2025 against which no objection has been filed. In view of the facts and discussion made hereinabove, the direction of the writ court has been complied with and representation of the applicant has been decided. 6. The present contempt application is dismissed. 7. Notice, if any, is hereby discharged. 8. At this stage, learned counsel for the applicant has submitted that he is ready to approach the authority for fixing date and time for the inspection of the plot/land in dispute and he may be given liberty to approach the authority for fixing the date and time for inspection as per the order dated 10.01.2025 taken on the representation of the applicant. 9. It is always open for the applicant to approach the authority for fixing the date and time for the inspection of the land for which no order is required to be passed by the Contempt Court.
Order Date :- 29.1.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench