Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4448 of 2018 Applicant :- Vinod Kumar Gupta Opposite Party :- S.P. Vishwakarma Tehsildar Counsel for Applicant :- Dileep Kumar Srivastava
Hon'ble Manoj Kumar Gupta,J.
Under order dated 28.03.2018 in Writ-C No. 11338 of 2018 filed by the applicant, Tehsildar, Tehsil Kasiya, District Kushinagar was under obligation to enquire into the illegal encroachment over chakroad, having regard to the judgement of the Supreme Court in case of Jagpal Singh and Others Vs. State of Punjab and Others 2011(11) SCC 396, as well as judgement 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 two months from the date of receipt of a certified copy of the order.
Counsel for the applicant points out that certified copy of the order of the Writ Court was sent to opposite party by registered post on 31.03.2018, but no decision 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 two months. 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