Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6337 of 2019 Applicant :- Surendra Singh Opposite Party :- Sri Vivek Chaturvedi Counsel for Applicant :- Anil Kumar Mishra Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the applicant.
By order dated 4.10.2018 passed in Public Interest Litigation (PIL) No. 4511 of 2018 filed by the applicant, the Court directed as under:
"Heard learned counsel for the petitioner, Sri Diwakar Singh, learned counsel for the respondent no.5 and learned Standing Counsel for the respondent nos.1, 2, 3 and 4.
With the consent of the learned counsel for the parties, the writ petition is being disposed of.
The allegation of the petitioner is that the respondent nos.6 to 9 have illegally encroached the public utility land/ chak road being plot no.287 area 0.0770 hectare situated at Village Mailaha, Tehsil Phoolpur, District Allahabad which is recorded as 'chak road' in the revenue record.
Learned counsel for the petitioner has placed reliance on the Khatauni, a copy of which is enclosed as Annexure 1 to the writ petition.
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 three 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/'chak road' 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 made clear 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