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Budhanilkanth mayor, ward president and ward member sentenced to 1 month imprisonment

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The district court of Kathmandu has sentenced Mitharam Adhikari, mayor of Budhanilkanth municipality, ward presidents Navraj Bhattarai and Suman Tamang and ward member Chandman Shrestha to 1 month imprisonment each.

Budhanilkanth mayor, ward president and ward member sentenced to 1 month imprisonment

The single bench of Judge Rajendra Kumar Acharya, sitting on Friday, sentenced them to 1 month imprisonment for the offense of not following the decision of the court. But if the order of the court is implemented within 60 days, they will not have to face imprisonment.

The municipality did not comply with the court order in the land related case with local Chandra Bahadur Thapa. The municipality usurped Thapa's land for public use, but the court has ordered the removal of the structures on the land occupied by the municipality and the return of the land to Thapa. 'These defendants

Now, within 60 days, after removing the structure and giving customs to the petitioner and the plaintiff, there is no need to collect the said imprisonment,'' said the court. If the rights are not transferred after removing the structure during that period, then the court order is to remove the structure and return the land to the petitioner at the expense of the municipality. 'Until the decision of this court is annulled by the higher court, the decision should be implemented literally. In that case, the body that uses the state power like the municipality can change the court's decision in this or that case. It cannot be done,' the court said.

'...it seems that the municipality has encroached on the property rights of the petitioner. The state does not have the right to do this. It has also been seen that the defendant disobeyed the court's decision without respecting the court's decision. Therefore, according to Section 23 (16) of the Code of Civil Procedure 2074, the following defendants who do not obey the court's decision and fail to implement it, have been sentenced to 1 month imprisonment,' the court said.

प्रकाशित : जेष्ठ १३, २०८१ १९:३५
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