Case :- CONTEMPT APPLICATION (CIVIL) No. - 1025 of 2021 Applicant :- Ram Pravesh Tiwari Opposite Party :- Renu Singh, Sub Divisional Magistrate Counsel for Applicant :- Jai Shanker Misra Counsel for Opposite Party :- Triloki Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of this contempt application under Section 12 of the Contempt of Courts' Act, violation of the order dated 7.7.2020 passed in Criminal Misc. Writ Petition No. 4507 of 2020 is complained of.
A compliance affidavit has been filed in which the report of the revenue officials has been brought on record.
From the perusal of the compliance report, it clearly transpires that the total area of chak marg is 0.005 hectares and the concerned lekhpal in his report has clearly submitted that on the spot there is no encroachment over the chak marg. The necessary photographs have also came to be annexed.
It is on the basis of the report submitted by the revenue authority and revenue officials that the District Magistrate has passed the final order dated 23.3.2021 whereby it has been held that there is no encroachment on the public pathway (chak marg) as is alleged by the applicant and therefore, in compliance of the order of the writ court the complaint of the applicant has completely stood satisfied.
Learned Additional Chief Standing Counsel has argued that once an order has been passed in compliance of the order of the writ court annexing therewith and relying upon the report of the revenue officials and the applicant if not satisfied, he can challenge the same in an appropriate proceeding.
Per contra, it is argued by learned counsel for the applicant that the proper measurement exercise has not been carried out, however, he could not demonstrate as to how 0.05 hectares of land recorded as public pathway (chak marg) is encroached upon.
Be that as it may, since the order has been passed by the District on the spot, there remains no cause to maintain the present contempt application any further.
The matter is consigned to records. Notice issued, if any, stands discharged.
It is open for the applicant to approach appropriate forum in an appropriate proceeding for redressal of his grievances, if any.
Order Date :- 13.8.2021 Deepika Digitally signed by AJIT KUMAR Date: 2021.08.31 13:03:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad