1. Heard learned counsel for the parties.
2. Writ Petition PIL CIVIL No.22592 of 2018 was disposed of vide judgment and order dated 08.08.2018 passed by the writ-Court, inter alia, with the following observations/directions:-
"Since a statutory remedy is available under Section 67(1) of the U.P. Revenue Code, 2006, this Court is not inclined to entertain the petition. It is clarified that this Court has not expressed any opinion on the merits of the grievance. However, since the statutory remedy is available, this Court permits the petitioner to file a comprehensive representation to the Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 67(1) of the Code, if the facts and circumstances of the case so justify within a period of four weeks from the date of submission of representation with certified copy of this order. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon, say within the period provided under Rule 67(6) of the U.P. Revenue Code Rules,2016.
It is however clarified that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the concerned/affected parties.
With these observations, the writ petition is disposed of."
3. This contempt petition has been filed for alleged violation/disobedience of the aforesaid judgment and order.
4. Pursuant to issuance of contempt notice, an affidavit of compliance of Mr. Jitendra Gautam, Tehsildar, Tehsil Lambhua, District Sultanpur has been tendered today in the Court by Mr. G.K. Singh, learned Additional Chief Standing Counsel, which is taken on record.
Along with the aforesaid compliance affidavit, copies of decision/orders both of dated 20.08.2019 passed by the Tehsildar/Assistant Collector, Lambhua, District Sultanpur in Case No.155 of 2016 (Computerized Case No.T201804680304487) and Case No.00392/2018 (Computerized Case No.T201804680300392) have been placed on record as Annexure Nos. 1 and 2 respectively.
5. From perusal of the aforesaid orders, it is evident that since Rajendra Kumar, son of Baijnath has removed unauthorized encroachment on 18.08.2019, the proceedings against him have been dropped, whereas against Rajesh Kumar, son of Rajendra Kumar an order has been passed for his eviction from the land in Gata No.525 Mi./0.015 hectare situated at Village Kalyanpatti, Pargana Meeranpur, Tehsil Lambhua, District Sultanpur and fine of Rs.1,000/- and cost of Rs.115/- have been imposed upon him. Notice has been issued against him under Section 67 (3) of the U.P. Revenue Code, 2006.
6. In view of the aforesaid two orders of dated 18.08.2019, nothing survives in this contempt petition, which is disposed of as having been rendered infructuous.
Contempt notice stands discharged.
However, the Tehsildar is directed to take all effective steps to get the land of Gaon Sabha vacated from the illegal encroachment in pursuance of which notice was issued to the encroacher.
[Dinesh Kumar Singh,J.] Date :- 28.8.2019 MVS/-