Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3034 of 2018
Applicant :- Avdesh Ram
Opposite Party :- Mithlesh Tiwari, Tehsildar
Counsel for Applicant :- Anil Kumar Pandey
Hon'ble Manoj Kumar Gupta,J.
By order dated 20.12.2017 in Public Interest Litigation (PIL) No. 61344 of 2017 filed by the applicant, this Court directed Tehsildar, Tehsil Sadar, Mau, opposite party herein, to enquire into the allegation of illegal encroachment over Gata No. 1533 recorded as Navin Parti and to take appropriate action within a period of three months from the date of receipt of certified copy of the order having regard to the law laid down by Supreme Court in Jagpal Singh and others Versus State of Punjab and others, (2011) 11 SCC 396 and a Division Bench judgment of this Court in Public Interest Litigation No. 63380 of 2012 - Prem Singh Versus State of U.P. and others decided on 6.12.2012.
On matter being taken up today, Sri P.K. Giri, learned Additional Chief Standing Counsel, has placed on record the instructions received from Tehsildar Sadar, Mau, opposite party herein. According to the instructions, proceedings under Section 67 of the U.P. Revenue Code, 2006 was initiated against Ram Vilas Yadav, Manager, Dr. Bhimrao Ambedkar B.Ed. Maha Vidyalay, Indara. In these proceedings, it transpired that during consolidation operations by mistake Gata No. 1533 over which the college is in existence for last 27 years came to be recorded as Navin Parti and Gata No. 1531 in the name of the Institution. It has also been stated in the instructions that after the said mistake was discovered, Ram Vilas Yadav has filed an application under Section 38 of the U.P. Revenue Code, 2006 for correction of map and entries in the revenue records. Those proceedings are pending. Thus, according to the opposite party, there is no encroachment over Gata No. 1533, but there was an error in recording the possession of the Institution and in respect whereof proceedings for correction are already pending.
Having regard to the aforesaid stand taken by the opposite party, this Court is not inclined to proceed any further in the instant matter, but leaves it open the applicant to challenge the stand taken by the opposite party in case, he feels aggrieved.
The contempt application stands disposed of accordingly.
(Manoj Kumar Gupta, J.)
Order Date :- 31.7.2018 AM/-