Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2706 of 2021 Applicant :- Satish Chandra Sharma Opposite Party :- Shri Avatar Singh,Assistant Collector/Tehsildar Counsel for Applicant :- Rohit Tiwari
Hon'ble Prakash Padia,J.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 27.08.2020 passed in Public Interest Litigation (PIL) No.806 of 2020 (Satish Chandra Sharma Vs. State of U.P. and 8 Others), which for ready reference is quoted as under:-
"The petitioner has approached this Court praying for a writ of mandamus directing respondent nos. 2 and 3 to remove the illegal encroachments made by certain villagers over Gata Nos. 676, 682Kha and 801Ka, which the petitioner alleges to be Gaon Sabha property. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Assistant Collector, even though under Section 67 of the Uttar Pradesh Revenue Code, 2006, it is the Assistant Collector, who is empowered to inquire into matters relating to encroachments over Gaon Sabha property and pass appropriate orders for removal of the said encroachments.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid gatas to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said gatas, on receiving the aforesaid representation 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 six months from the date when the aforesaid representation is filed by the petitioner. 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 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 six weeks from the date of production of a copy of this order.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 Swati