Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6389 of 2016 Applicant :- Ajit Singh And Another Opposite Party :- Nikhil Chand Shukla, District Magistrate, Mau Counsel for Applicant :- Arun Kumar Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants.
The learned counsel for the applicants is directed to provide a copy of the paperbook to Sri K.R. Singh, the learned Additional Chief Standing Counsel during the course of the day.
This petition had alleged violation of a final order passed by the Division Bench on 24 May 2016 directing the Collector, Mau to enquire into the complaint of the applicant of illegal encroachments having been made on a water body. According to the learned counsel for the applicants this particular water body is duly recorded in the relevant revenue record as a pond. The record evidences that although notices were issued on this petition on 21 December 2016, no affidavit of compliance has been filed till date. Consequently rather than retaining this petition on the board of this Court, the ends of justice would merit its disposal with the following directions.
The applicants shall within a period of two weeks from today approach the concerned Assistant Collector along with a detailed representation of his claim of encroachments having been made on public utility land. This direction, the Court frames, since undisputedly in terms of Section 67 of the U.P. Revenue Code 2006, it is the Assistant Collector who is the competent authority to initiate appropriate proceedings on such a complaint. In case such an application is filed, Sri Singh states that the Assistant Collector shall ensure that the requisite enquiry is undertaken and in case, it is found that encroachment exists on public utility land, proceedings under the 2006 Code shall be initiated and taken to their logical conclusion with expedition.
In light of the statement noted above, the application shall stand disposed of.
Order Date :- 27.4.2018 LA/-