Court No. - 50
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3046 of 2011 Applicant :- Abbas Khan Opposite Party :- Atul Kumar District Magistrate And Another Counsel for Applicant :- Miss. Afshan Shafaut Counsel for Opposite Party :- S.C.,Nisaruddin
Hon'ble Jayant Banerji,J.
Heard Ms. Afshan Shafaut, learned counsel for the applicant. Learned Standing Counsel appears for the State.
This application has been filed alleging disobedience of the order of the writ Court dated 3.5.2011 passed in Writ-C No. 24730 of 2011, Abbas Khan Vs. District Magistrate and others, whereby while disposing of the writ petition, the writ Court had left it open to the petitioner to represent the matter before the Sub-Divisional Officer, who was directed to consider the grievance of the petitioner and take an appropriate decision in accordance with law.
The Sub-Divisional Officer has been arrayed as opposite party no. 2 to the present contempt application. It is contended by the learned counsel for the applicant that despite the order dated 3.5.2011, the opposite party no. 2 behaved in an unbecoming manner and no appropriate decision was taken by the Sub- Divisional Officer. In the affidavit of compliance dated 11.8.2011 filed by the Sub-Divisional Officer, Sri Mata Pher, it has been stated that when the order dated 5.7.2011 passed in the present application was communicated to the District Magistrate, Kaushambi, he also passed the order dated 15.7.2011 and directed that the vehicles may not ply over the plot no. 270/7. Pursuant to the order dated 28.7.2011 passed by this Court in contempt application, the District Magistrate, Kaushambi has written a letter to the Superintendent of Police to ensure that no encroachment upon the land in question be made and the vehicles may not be allowed to pass through the disputed land. A report dated 10.8.2011 was submitted by the Police Station Sarai Aquil, Kaushambi stating that passing of vehicles from the land in dispute has been completely stopped and the orders have been complied with. In paragraph no. 10 to the affidavit of compliance, it has been stated that with respect to plot no. 270, the other co-sharers- Maqbool Khan, Mahboob Khan, Khaliq Khan and Mariyam Bibi have filed a case for partition under Section 176 of the U.P. Zamindari Abolition & Land Reforms Act in the court of Sub-Divisional Officer, Chail, Kaushambi, which case is pending consideration. This fact has not been denied by the applicant in the reply filed by him to the affidavit of compliance.
It is for the applicant to move the court in a suit for partition for enforcement of his rights. The order of the writ Court dated 3.5.2011 stands complied with as reflected in the affidavit of compliance.
This contempt application is, accordingly, dismissed.
Order Date :- 30.4.2019 A. V. Singh (Jayant Banerji, J.)