Diwari Lal and Another v. Avinash Krishna Singh, D.M. and 3 Others

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5063 of 2022 Applicant :- Diwari Lal And Another Opposite Party :- Avinash Krishna Singh, D.M. And 3 Others Counsel for Applicant :- Vaibhav Prakash,Arti Prakash Srivastava Counsel for Opposite Party :- Kunwar Bhadur Dixit Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the applicants and Sri Kunwar Bahadur Dixit, learned counsel for opposite party No.4. The writ Court on 27.06.2001 in Writ Petition No.23326 of 2001 had directed the parties to maintain status quo as to possession on the spot. In para 6 of the contempt application it has been alleged that the opposite parties are trying to evict the applicants from the spot. A counter affidavit has been filed by opposite party No.4 wherein it has been specifically mentioned in paras 9 and 11 that applicants were never put in possession of the land in dispute and the allotment was made by the then Pradhan by taking money from some of the persons and after inquiry, it was found that no such allotment was made in favour of the applicants and the allotment was cancelled. No reply to paras 9 and 11 of the counter affidavit filed by the opposite party has been filed by the applicants. learned counsel appearing for the applicants fairly states that his client is not responding in the matter. From the statement made by counsel for the applicants and from perusal of counter affidavit filed by opposite party No.4, it transpires that either the applicants have lost interest in the matter and/or order of the writ Court has been maintained by the parties and the possession has not been disturbed. The contempt application is misconceived, and hereby dismissed. Contempt notice stands discharged. Order Date :- 2.12.2023 Kushal High Court of Judicature at Allahabad