Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2760 of 2019 Applicant :- Kishun Lal Opposite Party :- Arvind Mallapa Bangari, D.M.
Counsel for Applicant :- Kailash Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 10.8.2018 passed in Public Interest Litigation (PIL) No.4128 of 2018 filed by the applicant, the Court directed as under:
"From the averments made and the documents annexed with the writ petition, it is apparent that the petitioner had a grievance regarding encroachments made by respondent nos. 5 to 8 over Chakmarg and in this regard the petitioner had submitted a representation before the Deputy District Magistrate, Sadar, District Jaunpur. The Deputy District Magistrate, Sadar, District Jaunpur vide his order dated 25.3.2018 has rejected the aforesaid representation on the ground that encroachments over the Chakmarg had been removed.
The present writ petition has been filed challenging the aforesaid order passed by the Deputy District Magistrate. The findings recorded by the Deputy District Magistrate in his aforesaid order are findings of fact and cannot be examined by this Court under Article 226 of the Constitution of India.
However, in case the petitioner submits a representation before the District Magistrate, Jaunpur bringing to his notice the necessary facts establishing the alleged encroachments over the Chakmarg, the District Magistrate shall decide the representation submitted by the petitioner expeditiously and in case the allegations made by the petitioner are found to be true, the District Magistrate shall ensure that the encroachments over the Chakmarg are removed.
With the aforesaid directions, the writ petition is disposed of."
On the matter being taken up today, Shri B.B. Pandey, learned Chief Standing Counsel states that in compliance of the order dated 7.5.2019, he has received the instruction dated 29.5.2019 sent by the District Magistrate, Jaunpur and the same is taken on record.
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 party to comply with the aforesaid order of the Court and finalize the proceeding under Section 67 of U.P. Revenue Code, 2006 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP