Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4508 of 2019 Applicant :- Indo Nepal Friendship Society Opposite Party :- K. Vijyendra Pandian, D.M. Counsel for Applicant :- Rajesh Kumar 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 parties for wilful disobedience of the order dated 17.01.2019 passed in PIL No.5157 of 2018 (Indo Nepal Friendship Society v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"1. This public interest litigation has been been filed alleging that the private respondents have encroached the pond. Araji No. 34 area 1.29, situated at Mauza Takia Kawaldah, Tehsil Sadr, District Gorakhpur was registered as Pond in Revenue record. Despite complaint made by petitioner, no effective action has been taken by the officials.
2. In our view, matter requires inquiry by concerned District Magistrate at the first instance, to find out whether land in question is recorded as Pond and whether there is any encorachment; and, if it is found correct, the he must take appropriate action for restoring the Pond.
3. Apex Court in Hinch Lal Tiwari Vs. Kamala Devi and others, 2001 (92) R.D. 689 has observed that it is the responsibility of revenue authorities to ensure that public utility land and in particular the land which is recorded as pond is not encroached by anyone and if that is so, to take appropriate action for restoring the actual position of land as it is.
4. In view thereof, we dispose of this writ petition without expressing any opinion on the merits of case directing District Magistrate, Gorakhpur-Respondent 3 to look into the matter and make enquiry as to whether land in question was registered as Pond in Revenue record and whether there is any encroachment; and, if he finds that complaint made by petitioner is correct, he shall take all steps to remove encroachment of anyone, including private respondents, if any, and restore position of Pond.
5. The aforesaid exercise shall be completed by District Magistrate, Gorakhpur- Respondent 3, within one month from the date of production of a certified copy of this order and compliance report shall be submitted before this Court within one week thereafter."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 25.7.2019 SP/