Vimal Prakash vs Iva Ashish Srivastava

Manoj Kumar Tiwari, J

According to the petitioner, he is an oustee of Tehri Dam Project and he was allotted a residential plot in District Haridwar. Despite allotment,

possession of the land was not given to him, therefore, he filed Writ Petition (M/S) No. 914 of 2012, which was disposed of by Writ Court vide order

dated 16.05.2012. Operative portion of the said order is extracted below:

“7. The writ petition is allowed partly in so far as it relates to allotment of agricultural plots in favour of the petitioners in terms of the order dated

27-4-2012 passed by this Court in Writ Petition (M/S) No. 2110 of 2010, Shiv Prasad and others Vs. State of Uttarakhand and others. Costs easy.

The respondents are directed by a writ of mandamus to handover possession of agricultural plots as detailed in the allotment order dated 29-6-2010

(Annexure-2 to the petition) to the petitioners, in pursuance to the lottery held on 29-6-2010 (Annexure-1 to the writ petition), within a period of eight

weeks from the date of production of a certified copy of this order before the Director Rehabilitation, Tehri Dam Project, New Tehri.â€​

This Contempt Petition has been filed alleging willful disobedience of the said order dated 16.05.2012 passed in Writ Petition (M/S) No. 914 of

2012.

It is contended that, despite service of the said order within stipulated time, no effort has been made by the opposite party towards compliance

thereof.

In this Contempt Petition, prayer has been made to punish the opposite party for violating the order of this Court.

Having regard to the facts & circumstances of the case, this Court thinks it appropriate that, before issuing contempt notice, one opportunity be

given to the opposite party to look into the matter and take appropriate decision.

Accordingly, the Contempt Petition is disposed of with liberty to petitioner to approach the opposite party by filing a representation. If such a

representation is made within two weeks from today, the opposite party shall look into the claim of the petitioner, in the light of the order passed by

Writ Court, and take appropriate decision, in accordance with law, within a period of four months from the date of receipt of representation alongwith

certified copy of this order.

Petitioner shall be at liberty to approach this Court, if his grievance still survives.