Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1041 of 2020 Applicant :- Javed Khan Opposite Party :- Ajay Narayan Singh, Assistant Collector / S.D.M.
Counsel for Applicant :- Ram Lakhan Kanoujia
Hon'ble Prakash Padia,J.
Heard counsel for the applicant.
The applicants have preferred the present petition for non compliance to the final judgment and order dated 12.07.2018 passed in Public Interest Litigation (PIL) No. 3909 of 2018 (Javed Khan Vs. State of U.P. and 18 Others). The order is reproduced hereinbelow:-
"The petitioner has approached this Court for a writ of mandamus to respondent Nos. 1 to 8 to remove the illegal encroachment allegedly made by respondent Nos. 9 to 19 over Kabristan of Bamharauli, Uparhar, Allahabad. In this context, the petitioner has also made a representation dated 6.5.2018 to the District Magistrate, District Allahabad.
The petitioner may submit a fresh representation before the Assistant Collector bringing the relevant facts regarding encroachment over the plot to the notice of the concerned Assistant Collector, who 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 court/authority 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 direction, the writ petition is disposed of."
It is argued that when the aforesaid order was not complied with, earlier also contempt petition has been preferred by the applicant being Contempt Application (Civil) No.4329 of 2019 (Javed Khan Vs. Gauravranjan Srivastava, Assistant Collector/Sub District Magistrate). It is further argued that inspite of the aforesaid orders which were duly served upon the opposite party but till date the order passed by the Writ Court has not been complied with. Pursuant to the aforesaid orders passed by Writ Court a representations were made by the applicant before the opposite party.
In the facts and circumstances, the present petition is disposed of finally permitting the petitioner to submit a fresh representation ventilating all his grievances before the concerned competent authority along-with copy of the order passed by the Writ Court within a period of two weeks from today. The concerned competent authority is directed to pass appropriate order and decide the same in accordance with law within a period of three months.
Order Date :- 19.8.2021 Swati