Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3723 of 2019 Applicant :- Sanjay Singh Opposite Party :- Sri Raghuvendra Sharma, Tehsildar And 5 Others Counsel for Applicant :- Surendra Singh 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 28.11.2018 passed in Writ Petition No.38524 of 2018 (Sanjay Singh v. State of U.P. & Ors.). For ready reference the order dated 28.11.2018 is quoted as under:-
"Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 4 and Sri Ajeet Kumar Srivastava holding brief of Sri Anuj Kumar, learned Standing Counsel appearing for respondent no. 10.
Present petition has been filed commanding the respondents no. 1 to 4 to remove the illegal encroachment of Gata No. 435 recorded in revenue record as Khalihan land by the respondents no. 5 to 7.
Perusal records indicates that the proceedings under Section 67(1) of the UP Revenue Code, 2006 have already been initiated.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from.
In case the allegations of the petitioner are found to be true 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 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 :- 31.5.2019 SP/