Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5300 of 2019 Applicant :- Ram Sewak Kushwaha Opposite Party :- Om Prakash, Tehsildar / Assistant Collector Counsel for Applicant :- Rakesh Kumar Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 31.08.2018 passed in PIL No.3933 of 2018 (Ram Sewak Kushwaha v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The present writ petition has been filed praying for a writ of mandamus commanding the respondents to remove the illegal encroachments over Gaon Sabha lands referred in the prayer clause of the application.
Counter affidavit has been filed by the Standing Counsel stating that Case Nos. T- 201805200203565, T-201805200203554, T-201805200203553, T-201805200203563, T-
201805200203564, T-201805200203570, T-201805200203576, T-201805200203573, T-
201805200203381, T-201805200203552, T-201805200203374, T-201805200203580, T-
201805200203379, T-201805200203578, T-201805200203377, T-201805200203375, T-
201805200203376, T-201805200203380, T-201805200203566, T-201805200203560, T-
201805200203567, T-201805200203568, T-201805200203569, T-201805200203550, T-
201805200203548, T-201805200203559, T-201805200203556, T-201805200203562, T-
20180520020555, T-201805200203543, T-201805200203571, T-201805200203578, T-
201805200203571, T-201805200203572, T-201805200203573, T-201805200203574, T-
201805200203558, T-201805200203551, T-201805200203546, T-201805200203539 and T-201805200203556 have been registered against the persons who have illegally encroached over the Gaon Sabha plot. It is also evident from the instructions received by the Standing Counsel that Case No. T-2018052002003381 has also been registered regarding Plot No. 224-Ka.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector shall decide the above-mentioned cases within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, 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 also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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."
Learned counsel for the applicant submits 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 four 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 :- 22.8.2019 SP/