Court No. - 3 Case :- CONTEMPT No. - 1337 of 2010 Petitioner :- Kunwar Singh Yadav Respondent :- Mr. Anil Kumar Sagar, Distt. Magistrate, Lucknow & Ors. Petitioner Counsel :- Surya Kant Singh Respondent Counsel :- Vinayajit Lal Verma Hon'ble Shri Narayan Shukla,J.
Counter affidavits filed on behalf of opposite parties 1 and 3 are taken on
record.
The petitioner claims disobedience of order dated 23rd of October, 2009,
passed in writ petition No.9590 (MB) of 2009 with the allegation that despite
order passed by this court to maintain the status quo over the land in dispute
the opposite parties have raised construction.
Through the counter affidavit filed by the opposite party No.1, it has been
pointed out that the action has been taken against the AMITY University by
lodging the First Information Report for illegally occupying the Gaon Sabha
Land by the AMITY University, but nowhere it has been pointed out that any
construction has been raised after the order has been passed by this court.
Through the counter affidavit filed by the opposite party No.3 there is obvious
denial for raising any construction, as has been claimed by Mr.I.B.Singh,
Senior Advocate appearing on its behalf and reiterated the submission made
in the counter affidavit.
Since the petitioner still claims the disobedience of order on the ground that
any government authority may be directed to make spot inspection, I hereby
provide a week’s time to file rejoinder affidavit.
List on 22nd of July, 2010.
Keeping in view the obvious submission on behalf of opposite parties 1 and 3,
I hereby exempt the personal appearance of opposite parties 1 and 3 on future
dates, unless called for.
Mr.D.K.Upadhyay, learned Chief Standing Counsel appearing on behalf of
opposite party No.2 submits that the opposite party No.2 has no concern with
the matter as he has not permitted to raise any construction.
Considering his submission, I hereby discharge the contempt notice issued to
the opposite party No.2.
Order Date :- 12.7.2010
Banswar