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Contempt Case No.1095/10
Rafik S.P. Singh and another.
17.9.2010
Shri Pradeep Naveria, Counsel for the petitioner.
This contempt case is filed alleging non-compliance of
order dated 31.8.2009 against the respondents. By order
dated 31.8.2009 in W.P.6883/2009 a Division Bench of this
Court directed thus :-
” The petitioner claims to be a permanent
resident of Pathani Mohalla, tahsil and district Damoh
and has filed this writ petition as Public Interest
Litigation alleging that respondent No.6 has
constructed a temporary construction at entrance gate
of the T.B. Hospital at Damoh. The petitioner also
alleged that respondent No.6 has encroached on
Nazool land in Plot No.1278 and Plot No.1283 in
Pathani Mohalla, Ward No.5 in Damoh. These are the
matters which can be considered by the Chief
Municipal Officer, Municipalities, Damoh.
We, accordingly, dispose of this petition with
the directions that the petitioner will submit a
representation before the Chief Municipal Officer,
Damoh will pass necessary orders in accordance with
law after affording reasonable opportunities to the
respondent No.6 and get the temporary construction
established by respondent No.6 in front of T.B.
Hospital and at other places as mentioned above
removed as early as possible preferably within a period
of six months from the date of receipt of representation
in case he finds that the temporary constructions are
mere not legally permissible.”
It appears that the petitioner thereafter approached to
the Chief Municipal Officer, Municipal Council, Damoh by filing
a representation and the Chief Municipal Officer, Damoh
approached to the Collector and the Superintendent of Police
for providing help for removing the alleged encroachment.
The Civil Surgeon also wrote a letter Annexure C4-A to the
Chief Municipal Officer, Damoh stating that there is
encroachment at the gate No.3 of the District Hospital,
Damoh and it was requested to remove the encroachment by
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Contempt Case No.1095/10
Rafik S.P. Singh and another.
17.9.2010
Mohd. Rafik and his son Mohd. Nafees. It is submitted that
inspite of this the Collector, Damoh has entertained an
application filed by the Mohd. Rafik for grant of lease of the
same encroached area.
As the matter is pending before the Collector, Damoh
who has to decide the aforesaid matter in accordance with
law in the revenue proceedings, we find it appropriate to
dispose of this matter with the following directions:-
1. The petitioner shall appear before the Collector, Damoh
in pending proceedings in an appeal bearing
No.31/09-10 and to submit all his contentions before
the Collector/Addl. Collector, Damoh.
2. On filing of such an application, the Addl. Collector,
Damoh shall permit the petitioner to intervene in the
matter and to submit his case before the Collector.
3. The petitioner is also permitted to seek intervention in
the proceedings for grant of lease of the aforesaid
encroached area, if still pending before the Collector,
Damoh and in that circumstances, the Collector,
Damoh shall permit the petitioner to intervene in those
proceedings.
4. The Collector, Damoh after hearing the petitioner, shall
decide the matter finally, expeditiously as far as
possible within a period of 30 days from the date of
communication of this order.
5. Liberty is granted to the petitioner that in case
grievances are not redressed, he may file a fresh
application for the redressal of the grievances invoking
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Contempt Case No.1095/10
Rafik S.P. Singh and another.
17.9.2010
powers of this Court under Art.215 of the Constitution
of India read with Sec.12 of the Contempt of Courts
Act.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt. Vimla Jain)
JUDGE JUDGE
vj