CHANDRPRABHA NATHALAL DAMANI Vs. COLLECTOR RAJKOT

JUDGEMENT

(1.) This contempt proceeding has been initiated for the alleged willful disobedience of the order dtd. 18/7/2017 passed in Letters Patent Appeal No.1457 of 2016 whereunder this Court had issued the following directions:

(2.) Respondents on being notified have filed their reply affidavit, inter alia, contending that possession of land measuring 1375.39 sq.mtrs. was handed over to the petitioner under panchrojkam (Annexure-AR) which is also not disputed by Mr. Y.N. Oza, learned Senior Counsel appearing for the complainant. Thus, the dispute revolves to the remaining extract of of land measuring 73.67 sq.mtrs. the possession of which has not been handed over to complainant. In the affidavit-in-reply filed by respondent No.1 dtd. 15/7/2022, a statement has been made that respondent authorities would undertake to remove the encroachment on remaining 73.67 sq.mtrs. within a period of one month from the date of the affidavit and hand over vacant and peaceful possession of the said parcel of land to the petitioner.

(3.) We do not see any reason to disbelieve the said statement / undertaking. In that view of the matter, placing the said affidavit of undertaking on record, we drop the contempt proceedings reserving liberty to the complainant to revive this contempt proceeding in the event of said undertaking not being complied without any justification.