Court No. - 40
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1039 of 2018 Applicant :- Mansha Prasad Shukla Opposite Party :- Dinesh Kumar, Sub Divisional Officer Counsel for Applicant :- Dhanbeer Mishra Counsel for Opposite Party :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
In terms of order of the writ Court dated 31.08.2017, the respondent authority is obliged to enquire into the illegal encroachment over Gata Nos. 763 & 764 of Village Dharampur, Tehsil Haraiya, District Basti and pass appropriate orders, keeping in mind the judgment of the Apex Court in the case of Jagpal Singh & Others Vs. State of Punjab & Others; (2011) 11 SCC 396, within a period of three months from the date of receipt of certified copy of the order.
An affidavit of compliance has been filed in which it is stated that upon enquiry it transpired that the allegation of illegal encroachment over public land is correct. It is also mentioned that accordingly proceedings under Rule 67 (1) of the U.P. Revenue Code, 2016 has been initiated in the court of Tehsildar (Judicial) Haraiya against Jagdamba Prasad and the same is pending.
Shri Vishal Kakkar, learned Standing Counsel, assures the Court that the proceedings would be brought to their logical end with due expedition and as far as possible within three months from today.
Accordingly, this Court finds no good ground to proceed any further in the matter.
The contempt application is disposed of, having regard to the assurance extended on behalf of the opposite party by the learned Standing Counsel that the proceedings would be concluded within three months.
Order Date :- 21.8.2019 VR (Manoj Kumar Gupta, J.)