The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 31.07.2018 passed in Public Interest Litigation (PIL) No. 4037 of 2018 (Doodh Nath Ram Vs. Ajeet Kumar Singh). The order is reproduced hereinbelow :-
"The petitioner has approached this Court praying for a writ of mandamus directing respondent authorities to remove the illegal encroachments made by respondent Nos. 5 to 8 over Plot No. 408, 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 plot 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 plot, 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 property 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. "
Today when the matter is taken up, an affidavit of compliance has been filed by Shri Devi Prasad Mishra, learned counsel for the opposite party, the same is taken on record. In paragraph-4 of the aforesaid affidavit it is stated that an order has already been passed by the opposite party deciding the case filed by the applicant under Section 67 of the U.P. Revenue Code, 2006, copy of the same is appended as Annexure-1 to the compliance affidavit. Since the order passed by the writ court has already been complied with, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed as infructuous.
Order Date :- 29.7.2021 Swati