Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3155 of 2018 Applicant :- Paras Sahani Opposite Party :- Sri Sanjay Kumar Rai , Tehsildar Counsel for Applicant :- Surendra Kumar Chaubey,Subhash Chandra Hon'ble Manoj Kumar Gupta,J.
In PIL No.1927 of 2018, this Court by order dated 16.1.2018 directed the opposite party to enquire into the allegation of illegal encroachment over plot nos.940, 566, 914 and 941 of Village Sirsiya, Singhari, Pargana Haveli, Tehsil Hata, District Kushinagar within a period of two months from the date of receipt of certified copy of the order.
An affidavit has been filed by opposite party and in respect of plot no.940, which is recorded as Banjar, it is admitted that the same was being used for Holika Dahan. It is also admitted that there were certain encroachments on the said plot, which is stated to have been removed and in this regard a spot memo was also prepared which duly bears signatures of the applicant. In respect of plot no.566 and 914, it is pointed out that there is entry of name of private persons in view of an order passed on 17.5.1980 by Tehsildar. It is also stated that after coming to know of the said fact, proceeding under Section 32/38 of the U.P. Revenue Code, 2006 has been initiated, in which next date fixed was 22.8.2018. A civil suit is also stated to be pending in respect of plot no.914 at the instance of private persons, in which there is an interim injunction operating. It is pointed out that on basis of an exparte order dated 19.3.1998, the map of plot no. 941 has been corrected and according to the corrected map, there is no encroachment. However, the authorities have already applied for recall of order dated 19.3.1998 and as soon as the exparte order is set aside and the original position is restored, proceedings for eviction of persons found in possession thereof would be initiated.
Having regard to the stand taken by the opposite party as noted above, the proceedings are dropped at this stage.
The contempt application is disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 24.8.2018 SL