Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4015 of 2019 Applicant :- Asha Devi Opposite Party :- Jeriva Sub Divisional Officer And 3 Others Counsel for Applicant :- Satish Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
Present contempt application has been filed alleging wilful disobedience of the order dated 29.3.2019 passed by this Court in Criminal Misc. Writ Petition No.5927 of 2019 filed by the applicant, wherein the Court directed as under:-
"By means of this application U/s 482 Cr.P.C., the applicant is seeking a direction for the disposal of his application under Section 145 of Code of Criminal Procedure submitted before the Sub- Divisional Magistrate, Kishni, Mainpuri.
It is argued by learned counsel for the applicant that certain land grabbers are infact trying to interfere with the possession of the applicant whereas, he is recorded tenure holder in respect of the said land by virtue of valid deed executed in his favour on 22.10.2006 as bhumidhar with non transferable rights and he is recorded also as bhumidhar with non transferable rights, a tenure holder in class-2 category.
In the given facts and circumstances of the case and without going into the claim set up by the applicant with regard to the possession, it is hereby directed that the Sub-Divisional Magistrate, Kishni, Mainpuri shall take a positive action in the matter in the sense shall take appropriate action on an application being submitted before him on 18.02.2019 under Section 145 of the Code of Criminal Procedure as expeditiously as possible.
With the aforesaid directions, the present 482 Cr.P.C. application is hereby disposed of."
Earlier the matter was taken up on 8.7.2019 and on the said date the Court had asked Shri Devesh Vikram, learned Standing Counsel to seek instructions in the matter.
On the matter being taken up today, Shri Devesh Vikram, learned Standing Counsel has placed the instructions dated 27.7.2019 sent by the Sub Divisional Officer, Kishani, District Mainpuri and the same is taken on record.
While submitting the instructions, Shri Devesh Vikram has apprised that at no point of time any application under Section 145 of Code of Criminal Procedure has ever been moved by the applicant. Moreover, on the merits of the case it has also been apprised that the applicant has preferred Writ C No.14938 of 2019 (Sadho Singh and another vs. State of UP and 6 others) for a writ of mandamus directing the respondent authorities not to encroach their land and also not to interfere in their peaceful possession over Gata No.51 area 0.4 hectare situated in village Nagla Mahauli, Gram Panchayat Kutubpur, Pargana and Tehsil Kisni, District Mainpuri. The aforesaid writ petition was dismissed by this Court on 30.4.2019.
In the facts and circumstances, the Court is not inclined to initiate any proceeding under Section 12 of the Contempt of Courts Act, 1971.
Accordingly, the present contempt application is dismissed.
Order Date :- 30.7.2019 RKP