Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3627 of 2019 Applicant :- Devanti Devi And Another Opposite Party :- Satyveer Singh, S.D.M And 2 Others Counsel for Applicant :- Dhirendra Bahadur Singh Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The petitioner is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 19.9.2018 passed in Writ-C No.31403 of 2018 filed by the applicant. For ready reference the order dated 19.9.2018 is quoted as under:-
"The petitioners were allotted and granted Patta of land- Gata No. 672 area 0.190 aer by the Gaon Sabha. Its symbolic possession was also handed over to the petitioners on paper but on spot the aforesaid land remained in occupation of some strangers. The petitioner has, therefore, filed this petition for a direction to the respondents to hand over actual possession of the land allotted to them. The report dated 2.8.2018 on record of the revenue Inspector reveals that the possession of the said land was delivered to the petitioners on 24.6.2018 by the Lekhpal in the presence of the police force.
In view of the above, learned Standing Counsel submits that in case after delivery of the possession of the aforesaid land, it has been encroached upon by the private parties, the remedy of the petitioners is to take suitable remedy against the said encroachers and not against the said authorities.
In view of the above, we are of the opinion that remedy of the petitioners is to get the land allotted to them and put in their possession vacated from the encroachers by taking recourse to the remedy as may be available to them in law and writ petition for the above purpose is not the appropriate remedy. More particularly, when the encroachers have not been made party to the writ petition.
It is made clear that the petitioners can also approach the Assistant Collector for necessary action in this regard under Section 129 of the U.P. Revenue Code, 2006. In case, petitioners so approaches, the Assistant Collector will take appropriate action in accordance with law most expeditiously.
The writ petition is disposed of with the observations made above. "
The Court has proceeded to peruse the record in question and finds no reason or occasion calling upon any proceeding under Section 12 of the Contempt of Courts Act, 1971.
The Application is totally misconceived and the same is accordingly dismissed.
Order Date :- 29.5.2019 RKP