Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5352 of 2019 Applicant :- Awadh Kishor Umrao Opposite Party :- Pappu Gupta, Assistant Collector / A.D.M.
Counsel for Applicant :- Anjeet Singh Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for disobedience of the order dated 26.7.2018 passed in Public Interest Litigation (PIL) No.4001 of 2018, wherein the Court directed as under:-
"The petitioner has approached this Court praying for a writ of mandamus directing respondent no. 2 to remove the illegal encroachments made by respondent nos. 5 to 8 over Gata Nos. 103 and 104, which the petitioner alleges to be Gaon Sabha property. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Assistant Collector, even though under Section 67 of the Uttar Pradesh Revenue Code, 2006, it is the Assistant Collector, who is empowered to inquire into matters relating to encroachments over Gaon Sabha property 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 Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 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 inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 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 Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
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."
Shri Durvijai Singh, Advocate has intervened in the proceeding stating that in response of the aforesaid order dated 26.7.2018, proceeding has been initiated under Section 67 of U.P. Revenue Code, 2006 against incumbents namely Panna Lal, Ram Prakash, Chhatra Lal and Rama Kant and against the same, statutory appeal has been preferred which is pending consideration.
In such situation, the Court is not inclined to proceed under Section 12 of the Contempt of Courts Act, 1971.
The contempt application is disposed of.
Order Date :- 22.8.2019 RKP