Mahesh Nachrani v. Devendra Patel

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No.

Shankar Nachrani Son Of Shri Radhakishan Nachrani Aged About 38 Years R/o. Panchshil Nagar, Civil Line Raipur, Tahsil And District Raipur (Chhattisgarh) ---- Petitioner

Versus

Devendra Patel Sub Divisional Officer (Revenue), Cum Prescribed Authority, Land Acquisition, Bilaspur, District- Bilaspur (Chhattisgarh) ---- Respondents AND CONT No. 788 of 2020 Mahesh Nachrani S/o Shri Radhakishan Nachrani Aged About 41 Years R/o Panchsheel Nagar, Civil Line Raipur, Tahsil And District Raipur Chhattisgarh.

---- Petitioner

Versus

Devendra Patel Sub Divisional Officer (Revenue), Cum Prescribed Authority, Land Acquisition, Bilaspur District Bilaspur Chhattisgarh. ---- Respondent AND CONT No. 791 of 2020 Mahesh Nachrani S/o Shri Radhakishan Nachrani Aged About 41 Years R/o Panchsheel Nagar, Civil Line Raipur, Tahsil And District Raipur Chhattisgarh.

---- Petitioner

Versus

Devendra Patel Sub Divisional Officer (Revenue), Cum Prescribed Authority, Land Acquisition, Bilaspur District Bilaspur Chhattisgarh. ---- Respondent For Petitioners :

Mr. Pushpendra Kumar Patel, Advocate For Respondent :

Mr. Mateen Siddiqui, Deputy A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/11/2020

1. Learned counsel for the respondent submits that he has filed a reply to the contempt petition and in the reply the respondent has taken a specific stand that the respondent intends to comply with the order passed by the Additional Commissioner in the arbitration proceedings. However, since the National Highway Authority of India has not deposited the compensation in terms of the order of the Additional Commissioner, the respondent herein was not able to disburse the amount to the petitioners. According to the respondent, so far as the role that was supposed to be played by the respondent, it has since been discharged. However, on account of the failure on the part of the NHAI, the order of Additional Commissioner could not be complied in its letter and spirit.

2. At this juncture, the learned counsel for the petitioners prays for withdrawal of the present contempt petitions with liberty to file a duly constituted fresh petition against the NHAI for execution of the award passed by the Additional Commissioner.

3. Accordingly, the present contempt petitions stand disposed of. The respondent stands discharged of the contempt proceedings. Disposal of the present contempt petitions would not preclude the petitioners in availing other remedies available to them under the law. Sd/- (P. Sam Koshy) Judge Ved