Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5273 of 2020 Applicant :- Surendra Kumar Opposite Party :- Rajanraiyan And 4 Others Counsel for Applicant :- Anil Kumar Singh,Ranjeet Singh,Sanjeev Kumar
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The instant contempt petition has been filed against the opposite parties for flouting the order of the Sub-Divisional Magistrate, Bidhuna, District Auraiya, under section 133 of the Code of Criminal Procedure, 1973 (Cr.P.C.).
It is informed that the opposite party no. 2 has since died.
It is urged that the property vesting in the Gaon Sabha has been encroached by the opposite party nos. 1, 3, 4 and 5 and constructions have been raised thereon.
Learned Standing Counsel points out that the petition would not be maintainable against the Magistrate passing an order under Section 133 of the Cr.P.C.
This fact is not being disputed by learned counsel for the applicant.
The contempt petition is, accordingly, disposed of as withdrawn with liberty to the applicant to make an appropriate application before the Sub- Divisional Magistrate, Bidhuna, District Auraiya, for compliance of the order for removal of encroachment from public property. In the event, such an application is made, it is expected that the same shall be considered and disposed of after hearing the opposite party nos. 1, 3, 4 and 5, if required.
Order Date :- 6.1.2021 K.K. Maurya