Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2974 of 2018 Applicant :- Mainuddin Opposite Party :- Sri Ram Gulam Ram And Another Counsel for Applicant :- Shriprakash Shrivastava
Hon'ble Manoj Kumar Gupta,J.
The instant contempt application has been filed for alleged violation of the direction issued by this Court in Public Interest Litigation (PIL) No. 2954 of 2018 directing Tehsildar to enquire into the allegation of illegal encroachment over plot No. 198 recorded as navin parti within two months from the date of receipt of certified copy of the order.
On 26.7.2018, the following order was passed : -
"Sri P.K. Giri, learned Additional Chief Standing Counsel has placed on record an order dated 19.7.2018 passed by Tehsildar dropping proceedings under Section 67 after recording a finding that an application filed by the unauthorised occupant for regularization of his possession is pending. Sri P.K. Giri tried to support the order by placing reliance on Section 67-A, which reads thus:-
"67-A. Certain house sites to be settled with existing owners thereof.-
(1) If any person referred to in sub-section (1) of Section 64 has built a house on any land referred to in Section 63 of this Code, not being land reserved for any public purpose, and such house exists on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed."
A bare perusal of the said provision would indicate that sine qua non for applicability of the said provision is that the person claiming benefit should have built house on a land not reserved for any public purpose on or before 29.11.2012. There is no finding in the order passed by Tehsildar that the house is in existence since before 29.11.2012, although the contention of the unauthorised occupant that the house is in existence since before abolition of zamindari has been noted. Exfacie, the order dropping the proceedings is not in consonance with the legal provision.
Sri P.K. Giri seeks time to obtain instructions from the opposite party and to bring on record any fresh order, if passed by him, having regard to the observations made herein.
Accordingly, the matter is adjourned to enable the opposite party to examine the issue and to take appropriate decision.
Put up as fresh on 24.8.2018. In the meantime, order, if any, passed by the opposite party shall be brought on record by means of an affidavit."
Today, when the matter is taken up, an affidavit of compliance has been filed along with which orders passed on 18.8.2018 by Tehsildar in favour of illegal occupants regularising their position under Section 67A of the U.P. Revenue Code, 2006 have been brought on record. In these orders, a specific finding has been recorded that the unauthorised occupants have built houses on the land in question prior to 29.11.2012.
Having regard to the above stand of the State respondents, this Court is not inclined to proceed any further in contempt proceedings, but it is left open to the applicant to challenge the orders passed by Tehsildar regularising the possession of unauthorised occupants, if so advised.
The contempt application stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 24.8.2018 AM/-