Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2601 of 2021 Applicant :- Asdullah Khan Opposite Party :- Mrs. Aditi Singh, Dm , Ballia Counsel for Applicant :- Shamasul Eslam
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and perused the record.
By means of this contempt application filed under section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 21.1.2021 passed by writ Court in Writ- C No.- 27588 of 2020 is complained of in which order there is a direction by this Court to decide the representation dated 26.11.2019.
From the perusal of the pleadings as have come up to be raised in the present application and the applicant made before the District Magistrate by the petitioner on 26.11.2019, I find that there is a clear cut civil dispute relating to some agricultural holding between the two private parties. Another application has been made by the applicant to the Tehsildar concerned and SHO, Kotwali on 10.2.2020 containing similar contents.
In the considered opinion of the Court no such representation as such can be decided where the two parties are claiming their rights in respect of a parcel of land. The proper remedy is to file civil suit for injunction by one party against another party or to move a proper application under Section 24 of the U.P. Revenue Code, 2006 getting their respective lands demarcated as per procedure prescribed under the said Act and Rules framed.
In view of the above, liberty rests with the applicant to initiate proper proceedings as referred to hereinabove or any another proceeding as may be advised at an appropriate forum but no contempt as such can be said to have been committed. The representation in the matter of civil dispute where the parties claim their rights against each other in respect of the agricultural holding or otherwise any land, a representation is not a remedy. The law has been enacted to protect and safeguard the interest and right of an individual by initiating proper proceeding at an appropriate forum.
Accordingly, the present contempt application is consigned to records with the aforesaid observations.
Order Date :- 27.7.2021 Deepika Digitally signed by AJIT KUMAR Date: 2021.08.04 17:16:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad