Allahabad High Court
Arun Kumr Rai vs Sri Avinash Kumar Awasthi, Executive ... on 20 August, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 3665 of 2019 Applicant :- Arun Kumr Rai Opposite Party :- Sri Avinash Kumar Awasthi, Executive Officer And 2 Others Counsel for Applicant :- Deepak Singh,Sri C.K. Parekh,Vivek Mishra Counsel for Opposite Party :- Suresh C. Dwivedi Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri C.K. Parekh, learned Senior Counsel assisted by Shri Vivek Mishra, learned counsel for the applicant and Shri M.C. Chaturvedi, learned Senior Counsel assisted by Shri S.C. Dwivedi, learned counsel for the opposite parties.
The applicant is before this Court against the wilful defiance of the interim order dated 17.04.2018 passed in Writ Petition No.3484 of 2018 (Sitaram Rai v. State of U.P. & Ors.), the operative portion of which is reproduced as under:-
"...............Having due regard to the said fact, the interim order dated 30.3.2018 is modified with the following effect:-
(i) Construction of the road shall go on.
(ii) Petitioner's share of compensation shall be deposited by the third respondent to the Collector who shall deposit in an interest fetching account in a nationalized Bank. The said amount shall not be disbursed to the petitioner and other claimant of land in dispute with the leave of the court.
The parties may exchange their affidavits within two months.
List after expiry of the said period."
On the matter being taken up on 31.5.2019, Shri M.C. Chaturvedi, learned Senior Counsel for the opposite parties was asked to seek instructions in the matter and file affidavit of compliance. In response thereof, detailed affidavit of compliance has been filed. Learned Senior Counsel has placed reliance on para 7 of the affidavit of compliance, which for ready reference is quoted as under:-
"7. That in compliance to the direction issued by the deponent as well as the order passed by this Hon'ble Court the compensation to the tune of Rs.34,20,62,400/- was determined against the land utilized, was directed to be deposited by the District Magistrate, Ghazipur vide its order dated 30.05.2019 and 10.06.2019. By order dated 30.05.2019 Rs.15,50,00,000/- has been deposited in the nationalized bank i.e. Union Bank of India, Shubhra Motal Complex, Mahuabagh, Ghazipur being its Saving Account No.441502010067956. Vide correspondence dated 10.06.2019 the District Magistrate, Ghazipur issued an order to release the fund to the tune of Rs.18,70,62,400/- and the same has been deposited in the same account as mentioned above. Copy of the letter dated 30.05.2019 and 10.06.2019 are being annexed herewith and marked as Annexure No.2 and 3 to this affidavit."
The Court has proceeded to examine the record in question and find that sufficient compliance has been made of the interim order in question. However, in case the applicant has any grievance including the interest part also, he can press the same before the writ Court in question.
The contempt application stands disposed of accordingly. Notices, if any, stand discharged.
Order Date :- 20.8.2019 SP/