Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5432 of 2019 Applicant :- Shiv Shankar Prajapati Opposite Party :- Sri Anurag Patel, District Magistrate Counsel for Applicant :- R.K Singh Gaharwar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned Standing Counsel.
The applicant is before this Court against the wilful defiance of the order dated 19.04.2019 passed in PIL No.857 of 2019 (Shiv Shanker Prajapati v. State of U.P. & Ors.), the operative portion of which is quoted as under:-
"..............Upon perusal of the record, I find prima facie merit in the submissions made by Sri R.K.Singh Gaharwar, learned counsel for the petitioner. The Court is equally concerned about the apathy of the officials in failing to implement the orders passed by the statutory authorities in regard to encroachment of public land. This Court has noticed on more than one occasion that the public land is especially vulnerable to encroachment. The officials of the State Government have a fiduciary duty towards the public land and are under obligation of law to remove the encroachments thereon.
In the instant case, it has been contended that the orders passed by the Sub-Divisional Magistrate, Mirzapur in regard to the various respondents in separate proceedings against them under Section 122-B of the U.P.Z.A. & L.R. Act have attained finality. In the light of the facts the Court is constrained to remit the matter to the District Magistrate, Mirzapur.
A writ of mandamus is issued commanding the respondent No.2-District Magistrate, Mirzapur to ensure that the orders passed by the Sub-Divisional Magistrate, Mirzapur in the proceedings under Section 122-B of the U.P.Z.A. & L.R. Act are executed and encroachments are cleared within a period of two months from the date of receipt of a certified copy of this order.
It is clarified that before initiating measures to vacate the encroachments the respondent No.2-District Magistrate, Mirzapur shall make due enquiries as to whether the orders passed by the Sub-Divisional Magistrate, Mirzapur in the aforesaid cases have attained finality or have been interfered with by the competent court of law.
With the aforesaid direction, the writ petition (PIL) is finally disposed off."
It is contended that the proceeding under Section 122-B of UPZA & LR Act/ Section 67 of U.P. Revenue Code, 2006 has been finalised way back on 24.4.2018 but effectively on spot the encroachment in question has not been removed.
Considering the facts and circumstances of the case, the contempt applicant stands disposed of asking the authority concerned to ensure compliance of the order in question in letter and spirit in the light of the order dated 24.4.2018 passed in the aforesaid proceeding preferably within four weeks from the date of production of certified copy of this order.
Order Date :- 26.8.2019 SP/