Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3458 of 2018 Applicant :- Lalmani Patel Opposite Party :- K.K. Mishra, Tehsildar Counsel for Applicant :- Jiya Lal Patel
Hon'ble Manoj Kumar Gupta,J.
By order dated 19.3.2018 in Writ C No. 9901 of 2018 _ Lalmani Patel Versus State of U.P. and others, filed by the applicant, a direction was issued to Tehsildar, Tehsil Machhali Shahar, district Jaunpur, opposite party herein, to enquire into the allegation of illegal encroachment over plot No. 760 (Cha) and plot No. 767 situated in village Amodh, Pargana Mugara, Tehsil Machhali Shahar, district Jaunpuri, keeping in mind the judgment of the Supreme Court in Jagpal Singh and others Versus State of Punjab and others, (2011) 11 SCC 396. The enquiry was required to be made within a period of three months, followed by appropriate orders.
On matter being taken up today, Sri P.K. Giri, learned Additional Chief Standing Counsel, has placed on record an order dated 25.7.2018 passed by the opposite party in purported compliance of the order of the writ Court. The order states that part of Arazi No. 760 ad measuring 0.100 hectare was allotted to Kalawati Devi, mother of Vinod Kumar and Suresh Kumar. In respect of plot No. 760 (Cha) ad measuring 0.358 hectare, which is recorded as Usar, Vinod Kumar and others were not found in possession. As regard plot No. 767 measuring 0.02 hectare, which is recorded as nali, the encroachment made by Vinod Kumar and others has been removed. At present, there is free flow of water from the nali.
Having regard to the decision taken by the opposite party in compliance of order of the writ Court, this Court is not inclined to proceed any further in the instant matter.
The contempt application is accordingly consigned to record, but with liberty to challenge the order of Tehsildar dated 25.7.2018 in appropriate proceedings, if the applicant feels aggrieved thereby.
(Manoj Kumar Gupta, J.) Order Date :- 27.7.2018 AM/-