Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4449 of 2018 Applicant :- Upendra Kumar Opposite Party :- Nagendra Singh Yadav Counsel for Applicant :- Pawan Kumar Rai,Satyendra Kumar Mishra
Hon'ble Manoj Kumar Gupta,J.
In PIL No. 54499 of 2017 filed by the applicant, a direction was issued to Tehsildar, Tehsil Iglas, Distric Aligarh, to enquire into the allegation of illegal encroachment on the gram sabha land, keeping in mind the judgement of Supreme Court in Jagpal Singh and Others Vs. State of Punjab and Others 2011(11) SCC 396, as well as the judgment of the Division Bench of this Court in PIL No. 63380 of 2012 (Prem Singh Vs. State of U.P. and Others), within a period of three months from the date of receipt of certified copy of the Order.
Counsel for the applicant submitted that certified copy of the order was got received in the office of opposite party on 27.11.2017, and thereafter, an order was passed by the ADM, Administration, Aligarh directing opposite party to comply with the order, but no action has been taken in the matter so far.
This Court is of the opinion that before inaction on part of the opposite party in complying with the above direction is treated as wilful disobedience of the order of the Writ Court, one more opportunity be granted to him to ensure compliance of the said order.
Accordingly, the instant contempt application is disposed of with liberty to the applicant to file a certified copy of this order along with fresh representation before the opposite party and in which event, he shall ensure that compliance of the direction issued by the Writ Court is made within next eight weeks. In case the compliance is still not made, as directed herein, it shall be open to the applicants to initiate fresh contempt proceedings against the opposite party.
(Manoj Kumar Gupta, J.) Order Date :- 27.8.2018 Darpan Sharma