(1.) The direction which came to be issued in Special Civil Application No.9358 of 2021 on 14/7/2021 to the respondents as well as the petitioner reads as under :
(2.) The grievance of the petitioner is that despite submitting the representation on 11/8/2021 as ordered, no further steps have been taken by the respondents - contemnors pursuant to said representation and there is willful disobedience. On service of notice respondents have appeared and respondent No.8 has filed an affidavit-in-reply stating thereunder that petitioner pursuant to the direction issued had submitted the representation to the District Development Officer, marking copy of the same to the Sarpanch/Talati-cum-Mantri of Chamariya Gram Panchayat to remove the encroachments put up on both the sides of the road and acting upon said representation encroachments have been removed on 17/11/2021 with the help of JCB machines as per Rojkam drawn on 17/11/2021 (Annexure-H). He would also rely upon the photographs produced at Annexure-I (collectively) to contend that encroachments have been removed. The only direction issued in the aforesaid order dtd. 14/7/2021 was to the effect that petitioner should submit a representation to the District Development Officer and said authority should take a decision in accordance with law within four weeks thereafter and decision having been taken on the representation of the petitioner continuation of this proceeding is not warranted. However, undisputedly the decision taken by the District Development Officer has not been furnished to the petitioner. At this juncture Mr.Munshaw, learned counsel appearing for the contemnor would undertake to furnish the petitioner the decision taken by the District Development Officer by Registered Post A.D. and/or Speed Post during the course of the day. His submission and undertaking is placed on record.
(3.) Thus, direction issued by the learned Single Judge having stood complied, contempt proceeding stands dropped. Miscellaneous Civil Application No.641 of 2021 stands dismissed. Notice discharged.