Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5525 of 2019 Applicant :- Radheshyam Opposite Party :- Ramkesh Yadav Counsel for Applicant :- Indra Mohan Singh
Hon'ble Mahesh Chandra Tripathi,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 08.10.2018 passed in Writ-C No.33716 of 2018 (Radheshyam v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel representing respondent no.4 and learned standing counsel who represents respondent nos.1, 2 and 3.
With the consent of the parties, the writ petition is disposed of at the admission stage.
The contention of the petitioner is that the respondent no.5 has encroached and made illegal construction over Chak Road No. 386, 383 in Village Chakchintaman, Tappa Papuar, Tehsil Padrauna, District Kushinagar. Learned counsel for the petitioner has placed a copy of hte letter issued by the S.D.M., Padrauna addressed to the District Magistrate, Kushinagar.
In view of the aforesaid, 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 Chak road 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 Chak road, on receiving the aforesaid representation shall inquire 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 three 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 land 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 clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of."
It is reflected from the record that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self- addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 29.8.2019 SP/