Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5355 of 2019 Applicant :- Sunil Kumar Opposite Party :- Sri Alok Pandey, District Magistrate / Collector Counsel for Applicant :- Durga Tiwari 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 party for disobedience of the order dated 18.2.2019 passed in Public Interest Litigation (PIL) No.89 of 2019 wherein the Court directed as under:-
"Present petition has been filed seeking direction to the respondent no. 2- District Magistrate, Saharanpur to remove the encroachment from Gata No. 357, 3/1, 3/2 and 3/3 situated at Village Badgaon Chilkana Dehat, Saharanpur.
Drawing attention to page 10 to the supplementary affidavit, which is a report dated 11.1.2019, prima facie, it appears that the kharanja is being encroached upon and construction of house being raised by the encroachers has been stopped.
Learned Standing Counsel submits that this report is not final in nature and the District Magistrate can pass appropriate orders.
Accordingly, present petition stands disposed of with a direction to the respondent no. 2-District Magistrate, Saharanpur to look into the records of the case and in case he finds any substance in the claim of the petitioner, he shall issue any necessary directions in this regard in accordance with law preferably within a period of two months from the date of production of a certified copy of this order before him."
Learned counsel for the applicant on the basis of affidavit has tried to contend that certain boundary wall has been raised on the road.
It is also apparent from the record that Kharanja road has been available on the spot and in such situation the Court is not inclined to proceed in the matter under Section 12 of the Contempt of Courts Act, 1971. However, it is always open to the applicant to initiate proceeding under Section 67 of U.P. Revenue Code, 2006.
The contempt application is disposed of.
Order Date :- 22.8.2019 RKP