The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the judgement and order dated 24.09.2018/12.10.2018 (date of correction) passed in Public Interest Litigation (PIL) No.4428 of 2018. The order dated 24.09.2018 is reproduced hereinbelow :-
"The petitioner has approached this Court praying for a writ of mandamus directing the respondents revenue authorities to remove the alleged encroachments made over Plot No. 1064 and 440 which the petitioner alleges to be chak marg. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Tehsildar, even though under Section 26 of the Uttar Pradesh Revenue Code, 2006, it is the Tehsildar, who is empowered to enquire into matters relating to encroachments over public road and pass appropriate orders for removal of the said encroachments.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Tehsildar bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Tehsildar who, if no proceedings under Section 26 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 26 of the Uttar Pradesh Revenue Code, 2006 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Tehsildar shall ensure that the encroachments over the plots are removed within a period of one month thereafter unless the order of Tehsildar is stayed by any superior authority or court in any challenge to the order of Tehsildar. It is also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Tehsildar, to be heard in opposition to the noticee in the said cases, the Tehsildar shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of."
Today when the matter was taken up, it is informed by Sri K. R. Singh, learned Additional Chief Standing Counsel that the proceedings under Section 67 of the U.P. Revenue Code, 2006 has also been initiated and a final decision will be taken in the matter very soon.
In view of the same, present contempt application is disposed of finally directing the opposite party to conclude the aforesaid proceedings expeditiously and preferably within a period of four months. In case order is not complied with in its letter and spirit, the applicant is at liberty to file contempt application under Section 12 of the Contempt of Courts Act, 1971.
Order Date :- 25.8.2021 Pramod Tripathi