Baladevi v. Karamveer Yadav, Executive Engineer , Railways and 4 Others

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 6572 of 2023 Applicant :- Baladevi Opposite Party :- Karamveer Yadav, Executive Engineer , Railways And 4 Others Counsel for Applicant :- Suhas Subhash Mehta Hon'ble Rohit Ranjan Agarwal,J. The writ Court on 18.06.2020 in Writ-C No. 9707 of 2020 passed the following order; "In view of the prevailing infection, delay in filing the writ petition is condoned. Other defects as have been reported by the Stamp Reporter may be removed as and when the COVID-19 infections would subside. It is the contention of learned counsel for the petitioner that when the land allotted to the petitioner in the year 1989 was acquired on 15.5.2018 then only to deprive the petitioner of the awarded amount, the Gaon Sabha was made to initiate proceedings on 23.7.2018. It is the further contention of the learned counsel for the petitioner that proceedings for the cancellation of patta could not have been initiated at this belated stage. Still further, it has been contended that the Gaon Sabha which had allotted that land, could not now turn around and say that it erroneously allotted the land in question. Matter requires consideration. Learned Standing Counsel appears for respondent nos.1, 2 and 3. Sri K.K. Mani appears for respondent no.4. Respondents may file their counter affidavits within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter. Until further orders, the effect and operation of the order dated 3.1.2019 passed by respondent no.2 and the order dated 25.2.2020 passed by the respondent no.1 shall remain stayed. Till such time, as the writ petition is decided, the amount as has been awarded shall be kept with the Treasury and the Treasury in its turn shall keep the amount in an interest bearing Fixed Deposit." Learned Standing Counsel informs the Court that the order of writ Court has been complied by the opposite party and the amount in question has been deposited in the Treasury on 13.10.2020. As the order of writ Court has been complied by the opposite party, no case for contempt is made out. Contempt application stands dismissed. Contempt notice stands discharged. File consign to record. Order Date :- 6.12.2023 Shekhar High Court of Judicature at Allahabad