Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5439 of 2019 Applicant :- Tejpal Singh And 5 Others Opposite Party :- Rajeev Rai, S.D.O. Counsel for Applicant :- Shailesh Upadhyay
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 parties for wilful disobedience of the order dated 16.01.2019 passed in Writ Petition No.37749 of 2018 (Tejpal Singh & Ors. v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"The learned counsel for the petitioners seeks the leave of the Court to implead the Sub Divisional Officer, Dadri, as respondent no. 4.
The leave is granted.
The necessary correction in the memo of the parties be carried out during the course of the day.
The petitioners have been declared Bhumidhar over the Arazi No. 134 (m). In this respect, the petitioners' second appeal has been allowed by the Board of Revenue by order dated 29.03.1996. In compliance thereof, the names of the petitioners have been mutated by the order dated 06.06.1998.
The grievance of the petitioners is that their aforesaid land has been taken over by the NOIDA Authority without acquisition of the land and without any compensation and the said land has been illegally declared 'Green Belt'.
It is stated by learned counsel for the petitioners that the petitioners have arrived for the compensation in terms of Article 300-A of the Constitution, which provides that no one shall be deprived of his land without following the procedure of the law.
We have heard the learned counsel for the petitioners, Sri Kaushalendra Nath Singh, learned counsel for respondent no. 3 and learned Standing Counsel.
Taking into consideration the fact of the case that petitioners' second appeal has been allowed by the Board of Revenue, wherein their right has been found to be as Bhumidhar with transferable right and the said order has attained finality, inasmuch as the names of the petitioners have been mutated in the revenue record as Bhumidhar. Insofar as the grievance of the petitioners that their land has been taken by the second respondent.
Sri Kaushalendra Nath Singh, learned counsel for the respondent no. 3 has disputed the said fact.
It appears that there is a dispute with regard to the identity of the plot in question, hence we grant a liberty to the petitioners to move an appropriate application under Chapter IV of the U.P. Revenue Code 2006, before the appropriate authority, the newly impleaded respondent no. 4, within a month. In the event, any such application is moved, we direct the respondent no. 4 to pass the appropriate order in accordance with law, within two months from the date of communication of this order.
With the said observation, the writ petition stands disposed of."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have 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 parties to comply with the aforesaid order of the Court within two 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 parties 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 stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 parties within the stipulated time as aforementioned.
Order Date :- 26.8.2019 SP/