Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4600 of 2021 Applicant :- Ram Vishun Opposite Party :- Sri Praveen Kumar Laxkar,The District Magistrate And 2 Others Counsel for Applicant :- Om Shankar Mishra
Hon'ble Prakash Padia,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 09.10.2018 passed in Public Interest Litigation No. 4547 of 2018 (Ram Vishun Vs. State of U.P. & others) and order dated 12.03.2018 passed in Public Interest Litigation No. 3069 of 2018 (Ram Vishun Vs. State of U.P. & others). The aforesaid order 09.10.2018 is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
Vide the order dated 18.05.2018, the Assistant Collector First Class/Tehsildar Sadar, District Mirzapur has passed the order under Section 67 of U.P. Revenue Code, 2006 clearly mentioning therein that the respondent no.4 Sitaram son of Kamla Shanker has illegally occupied the Gaon Sabha property being Arazi No.825ka area 0.017 hectare. The Assistant Collector while passing the order under Section 67 of the U.P. Revenue Code has ordered for removal of the aforesaid encroachment.
In this regard, when the proceedings for removal of encroachment was started the respondent no.4, the encroacher has obstructed the proceedings.
Having heard the learned counsel for the petitioner and learned Standing Counsel, who represents the respondent nos.1, 2 and 3, the writ petition is disposed of by directing the District Magistrate, Mirzapur to act upon the order of the Assistant Collector/Tehsildar and take appropriate steps, in accordance with law, for removal of illegal encroachment of the respondent no.4 within a period of one month from the date the certified copy of this order is produced before the District Magistrate, Mirzapur.
The writ petition is disposed of."
The order dated 12.03.2018 is quoted as under:-
"Learned counsel for the petitioner prays for and is permitted to implead the Tehsildar, Sadar, District Mirzapur in the array of respondents as respondent no.10 today itself.
Learned Standing Counsel files short counter affidavit today. The same is taken on record.
Heard Sri D.K. Pandey, learned counsel for the petitioner, Sri R.B. Yadav, learned counsel for the respondent no.4 and learned Standing Counsel for the respondents no. 1 to 3 and 10.
The petitioner in the writ petition is seeking a direction to the respondent to remove the illegal and unauthorised encroachment of respondents no. 5 to 9 from Arazi no. 825 Ka area 0.0890 hectare recorded as Navin Parti situated in Gram Sabha Kalna Gaharwar, Tappa 96, Tehsil Sadar, Pargana Kantit, District Mirzapur.
In paragraph 6 and 7 of the short counter affidavit, it is stated that one Sita Ram, Babu Lal, Ram Ashrey, Bechan Lal and Mishri Lal have encroached over the land in question and five suits for eviction have been filed against all these five persons under Section 67 of the U.P. Revenue Code.
In this view of the matter, this writ petition is, therefore, disposed of with a direction to the Respondent no. 10-Tehsildar, Sadar, District Mirzapur to decide the pending suits, in accordance with law, expeditiously, preferably within a period of two months from the date of receipt of a certified copy of this order in his office."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully 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 six weeks from the date of production of a 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 four weeks. 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 :- 26.10.2021 saqlain