Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6396 of 2019 Applicant :- Kusum Devi Opposite Party :- Ahmad Fareed Khan, Assistant Collector Counsel for Applicant :- Varun Kumar Chaubey,Rakesh Kumar Upadhyay Hon'ble Mahesh Chandra Tripathi,J.
Heard the learned counsel for the applicant and learned Standing Counsel.
Learned counsel for the applicant has apprised to the Court that proceedings under Section 67 of U.P. Revenue Code, 2006 (in short the 'Code') have been finalised vide order dated 10.10.2018 and against the same, the incumbent who has encroached upon the public utility land in question, have preferred statutory appeal under Section 67(5) of the Code. The same has also been rejected by the Appellate Authority / District Magistrate, Kushinagar vide order dated 20.4.2019. It is submitted that at no point of time, the appellate order is subjected to challenge before the higher forum and as such for all practical purposes the proceedings under Section 67 of U.P. Revenue Code, 2006 has been finalised.
Now, the applicant is aggrieved that the order passed under the said proceedings on spot has not been effectively implemented.
In the facts and circumstances of the case, the Court is of the opinion that the writ Court's order in question has been complied with. However, it is always open to the applicant to apprise the correct facts before the competent Authority who would definitely proceed as per law within a period of six weeks.
The Contempt Application is disposed of accordingly. Notices if any stands discharged.
Order Date :- 30.9.2019 Arif