Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2144 of 2019 Applicant :- Manraj Opposite Party :- Anjani Kumar Singh, S.D.M.
Counsel for Applicant :- Amar Nath Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and Shri Devesh Vikram, learned Standing Counsel.
The applicant is before this Court for initiating contempt proceedings against the respondents for disobeying the order dated 29.08.2018 passed in Public Interest Litigation No.4250 of 2018 (Manraj v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 28.08.2018 is quoted as under:-
"It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha property are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector. It is also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition."
Learned Chief Standing Counsel has also placed the instruction dated 27.04.2019 sent by Sub Divisional Magistrate, Badlapur, Jaunpur and submits that in compliance of writ court order factual verification and measurement on the spot has been done in the matter and it is found that proceeding under Section 67(1) of U.P. Revenue Code 2006 cannot initiated on the spot. The said instruction be taken on record.
Once spot verification has been ensured in the matter, then this Court is of the considered opinion that substantial compliance has been done in the matter.
In view of above, nothing further survives on this application and the same stands disposed of. Notices, if any, stand discharged.
Order Date :- 29.4.2019 A. Pandey