Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2290 of 2010 Petitioner :- Jagat Narain Singh Respondent :- Ravindran Prasad, District Magistrate, Varanasi & Others Petitioner Counsel :- Mridul Kumar Hon'ble Vikram Nath,J.
Affidavits of compliance has been filed on behalf of the opposite parties no.1
& 2. It is admitted to the parties that the applicant accepted the first option
whereby the price was mutually settled between the applicant and the opposite
parties and as per the settled price the sale deed was executed and entire
amount has since been paid to the applicant. The applicant has pressed for
payment of damages awarded by the writ court.
It has been pointed out by Sri K.R. Singh, learned Standing Counsel that the
damages were to be paid only in the event if the second option given by the
writ court was exercised i.e. the land was to be acquired under the Land
Acquisition Act. The second option has never been exercised and the parties
have opted for first option for negotiated settlement.
In the circumstances the applicant is not entitled to the damages. The Court is
of the opinion that no further consideration is required in this contempt
application.
Notices are discharged. The Application is consigned to record.
Order Date :- 22.7.2010
RPS