Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6348 of 2019 Applicant :- Subhash Chandra Dubey Opposite Party :- Mrs. Kavita Bujeta, S.D.M.
Counsel for Applicant :- Mukesh Kumar Upadhyay, Yogesh Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 24.8.2018 passed in Public Interest Litigation (PIL) No. 4210 of 2018 filed by the applicant, the Court directed as under:
"The petitioner has approached this Court praying for a writ of mandamus directing respondent no. 2 to remove the illegal encroachments over Plot No. 1044, 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 plot 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 plot, 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 property 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 party but the opposite party has wilfully not complied with the order and, thus, has 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 party to comply with the aforesaid order of the Court within three 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 party 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 envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him 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 party within the stipulated time as aforementioned.
Order Date :- 27.9.2019 Jaswant