Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2881 of 2020 Applicant :- Govind Chauhan Opposite Party :- Smt. Arti Devi Gupta , Gram Pradhan, Gram Panchayat-Jalalabad And Another Counsel for Applicant :- Udai Shankar Chauhan Counsel for Opposite Party :- S.C.
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 28.05.2019 passed in Public Interest Litigation No. 1019 of 2019 (Govind Chauhan Vs. State of U.P. and 10 Others). The operative portion of the order is reproduced hereinbelow:-
"By means of the present writ petition under Article 226 of the Constitution, the petitioner has raised public grievance in respect of a sector road recorded as such over Plot No. 802 area 0.0670 hectares which has been virtually merged with the private land by the adjacent plot holders who have been impleaded as respondent Nos. 5 to 11 in the present writ petition.
Learned counsel for the petitioner has drawn the attention of the Court towards an application on which some order has been passed on 19th February, 2015 by the Revenue Authorities that the sector road in question will be demarcated after the cutting of the 'kharif' crops, however, in paragraph 9 he states that till date no action has been taken.
In view of the above, it is hereby provided that the petitioner shall move appropriate application at the first instance before the Pradhan of the village who shall convene the meeting of the Gaon Sabha to verify the complaint and thereafter shall take such steps as may be necessary for the restoration of the sector road in the agricultural field of the village concerned and in case if it is found it has been merged by the adjacent tenure holder, it will take recourse to Section 67 of U.P. Revenue Code, 2006.
It is, however, provided that before taking any action in the matter the concerned tenure holder will be served with the notice and shall be heard in the matter. In any view the Gaon Sabha concerned shall take a decision in the matter within a period of eight weeks from the date of production of certified copy of the order.
With the aforesaid observations/ directions, the writ petition stands disposed of."
It reveals from perusal of the record that the copy of the aforesaid order was sent by registered post to the Pradhan of the village in the month of June 2019 but till date the order passed by the Writ Court has not been complied with.
In the facts and circumstances of the case, counsel for the applicant is permitted to serve the copy of the order passed by the Writ Court along-with a fresh representation ventilating all his grievances before the present Pradhan within a period of three weeks from today. If such application is filed, opposite party is directed to comply with the order passed by the writ Court in its letter and spirit within a period of two months thereafter.
Order Date :- 19.8.2021 Swati