Smt. Uma Sanyal vs Sri Ravindra and Others

Hon''ble Vikram Nath, J.—On 6.12.2012 the following order was passed : Heard Sri H.P. Dube, assisted by Sri Vimledu Tripathi, learned counsel for the applicant, Sir J.K. Khanna, learned Standing Counsel appearing for the opposite party no. 1, Sri Abu Sufiyani Azmi for the opposite party no. 2 and Sri Mohd. Isa Khan for the opposite party no. 3.

The Writ Petition No. 9093 of 1988 of the applicant was disposed of by the Division Bench of this Court vide judgment and order dated 7.12.2009. The operative portion of the order reads as follows-

Hence, the writ petition is disposed of with a direction upon the petitioner to make an appropriate application within a period of two weeks to place the matter before the Committee of Arbitrator to refix the compensation within a period of three months from the date of communication of this order by giving fullest opportunity of hearing and by passing a reasoned order thereon.

No order is passed as to costs.

Copy of the said order was served on the opposite parties along with the appropriate application. When no compliance was effected, the present contempt application was filed in which notices were issued. Upon issuance of notices affidavits were filed by the opposite parties. From the affidavits filed by the opposite parties it appears that the proceedings before the Arbitration Committee was in progress but no final settlement had been arrived at. In the meantime it appears that the District Magistrate, Varanasi (opposite party no. 1) who is also Ex-officio Chairman of the Committee of Arbitrators was transferred whereupon the applicant filed an impleadment application dated 2.10.2012 to bring on record the new District Magistrate, Varanasi as opposite party no. 4. Along with the said impleadment application is annexed a Supplementary Affidavit. From a perusal of which it appears that the opposite party no. 1 had passed an order on 13.4.2012, which was circulated to the opposite party no. 2 and also to the applicant inviting their objections/consent on the various issues mentioned in the said order. The applicants claimed to have filed their objections to the order of the District Magistrate, Varanasi dated 13.4.2012. The objections have been annexed as Annexure no. 5 to the Supplementary Affidavit and were sent by Registered Post on 10.9.2012. According to the learned counsel for the applicant no further progress has been effected by the Committee of Arbitrators. Now that the District Magistrate, Varanasi who was the Chairman of the Committee of Arbitrators has been transferred and presently Sri Saurabh Babu is the District Magistrate, Varanasi let him be impleaded as opposite party no. 4. Necessary incorporation be carried out within a week. Issue notice to the newly added opposite party. Notice need not be sent as the previous District Magistrate, Varanasi was already represented and has filed short counter affidavit. Learned Standing Counsel Sri J.K. Khanna shall communicate a copy of this order to the present District Magistrate, Varanasi (opposite party no. 4) who may file his affidavit in response to the notice on or before the next date.

List on 3.1.2013. By the said date the opposite party no. 4 may file an affidavit of compliance, failing which he shall remain present before this Court.

Today an affidavit of compliance has been filed by the O.P. No. 4. Along with the said affidavit is annexed a copy of the order dated 13.4.2012, which had already been placed on record by the applicant along with her supplementary affidavit dated 2.10.2012. The said order dated 13.4.2012 had been circulated to the applicant as also to Lt. Col. A.R. Harish, Administrative Battalion Commander for giving their consent/objections. The order dated 6.12.2012 passed by this court specifically recorded that pursuant to the circulation of the order dated 13.4.2012 the applicant had filed objections dated 10.9.2012 which had been sent by registered post but thereafter no further progress had been made and no final decision had been communicated after considering the objections filed by the applicant. From the affidavit filed by the opposite party today, it appears that the said objections have not been considered and no order has been passed. The Annexure-2 filed along with the affidavit filed today is again a letter dated 22.8.2012 which give reference to the decision dated 13.4.2012. Even in the affidavit it has not been mentioned by the O.P. No. 4 that as to whether the objections filed by the applicant by registered post on 10.9.2012 are on record or not and whether they had been taken into consideration at any stage. It would be appropriate that the Collector, Varanasi may remain present before this court on Tuesday next i.e. 8.1.2013 along with complete records relating to the claim of the applicant.

Put up in the additional cause list on 8.1.2013. A copy of the order may be provided to Sri J.K. Khanna, learned standing counsel free of cost today itself for necessary compliance.