Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2528 of 2019
Applicant :- Ram Adhar Yadav And 2 Others
Opposite Party :- Bhanu Chandra Goswami, District Collector And 2 Others
Counsel for Applicant :- Jagannath Singh,Mahendra Pratap Singh
Hon'ble Mahesh Chandra Tripathi,J.
The applicants are before this Court with a request that the opposite parties have willfully flouted the order dated 28.5.2014 passed by the Division Bench of this Court in bunch of the matters leading case Om Prakash Verma and Others Vs. State of U.P. and Others 2014(5) ADJ 427 (DB)(LB) wherein general mandamus has been issued. Relevant paragraphs 25 and 26 of the said judgment are reproduced herein below.
"25. In view of aforesaid observations/directions, all the writ petitions are finally disposed of with a further direction to the District Collectors and other revenue authorities of the district to take appropriate action and to act in accordance with the observations made in this judgment and the provisions contained in U.P. Z.A. & L.R. Act and the Rules framed thereunder. The mechanism evolved under the Government Orders referred to herein above for monitoring the eviction proceedings and implementation of the orders of eviction shall continue.
26. There shall be no orders as to costs.
Let a certified copy of this order be furnished by the office free of charge to the learned Chief Standing Counsel, who shall transmit the same to the Chief Secretary and Principal Secretary (Revenue), Government of Uttar Pradesh, Commissioner-cum-Secretary, Board of Revenue, Uttar Pradesh, Lucknow and all the Divisional Commissioners and District Collectors in the State."
Learned counsel for the applicants in this backdrop submits that in response to the aforesaid order, the application has already been moved but the opposite parties are not proceeding as such this Contempt Application.
In the facts and circumstances, the Court is of the opinion that no contempt proceeding can be drawn against the opposite parties. There is full-fledged mechanism provided in the form of Section 67 of U.P.Revenue Code 2006. In case, the applicant prefers a case under the said provision definitely the Authority would proceed to finalise the same strictly, in accordance with law.
With the above, the present contempt application stands disposed of.
Order Date :- 26.4.2019 A.K.Srivastava