Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1351 of 2018 Applicant :- Radhey Shyam Rai Opposite Party :- Sri Chandra Bhushan Singh District Magistrate/ Collector Counsel for Applicant :- Chandra Kumar Rai
Hon'ble Yashwant Varma,J.
Order On Impleadment Application:
Impleadment Application taken today is allowed. Let appropriate amendments be carried out within 48 hours.
Order on Contempt Application:
Alleging that a pond had been encroached upon the applicant had instituted a PIL which was disposed of with a direction to the competent authority to undertake the requisite enquiry and take further action in accordance with law. Pursuant to the said order the applicant appears to have moved the District Magistrate by way of a representation dated 18 April 2017.
According to the learned counsel, this representation has remained unattended to. It is however not disputed that in terms of the provisions of the U.P. Revenue Code, 2006, it is the Assistant Collector/Tehsildar who has to initiate appropriate steps for riding public utility land of encroachments.
In view of the aforesaid facts which are not disputed, this Court deems it appropriate in the interest of justice to dispose of this Application with the following directions.
It shall be open to the applicant to approach the Assistant Collector/Tehsildar, the newly impleaded opposite party, along with a representation detailing the alleged encroachments which are stated to have been made on the plots in question within a period of two weeks from today. In case such an application/representation is made, the Assistant Collector/Tehsildar shall take cognizance thereof, initiate an appropriate enquiry and take such further steps as may be warranted in law and in accordance with the provisions of the Code. The Assistant Collector/Tehsildar shall endeavour to dispose of proceedings with expedition and preferably within a period of six months from the date of presentation of the representation.
The contempt petition stands disposed of accordingly.
Order Date :- 27.3.2018 Arun K. Singh