Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3690 of 2019 Applicant :- Rajesh Kumar Opposite Party :- Ajay Narayan Singh, S.D.M.
Counsel for Applicant :- A.C.Tiwari(Ac),Ram Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 17.11.2018 passed in Public Interest Litigation (PIL) No.4793 of 2018 filed by the applicant, the Court directed as under:
"Present writ petition has been filed seeking a direction to the district administration/respondents to remove illegal and unauthorized encroachment raised by private respondents over public/gaon sabha land Arazi no. 373Ka, 373Kha and 374Kha which is recorded as public land in revenue record situated in Village Dusauti, Saidabad Handia, Allahabad and not to change the nature of land of public way as well as Nali on Arazi no. 373 Ka, 373 Kha and 374 Kha existing since several years and shown in revenue records as gaon sabha land and punish private respondents accordingly by imposing heavy costs.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 3, the Sub-Divisional Magistrate, Tahsil Handia, district Allahabad to decide the representation of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within six weeks 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 30.5.2019 RKP