Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2612 of 2021 Applicant :- Yogesh Kumar Srivastava Opposite Party :- Manish Kumar Verma, D.M. Jaunpur Counsel for Applicant :- Subash Chandra Srivastava,Rampyare Lal Srivastava
Hon'ble Prakash Padia,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 07.01.2021 passed in Writ Petition No.25923 of 2020 (Yogesh Kumar Srivastava Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"Heard Sri Rampyaare Lal Srivastava, learned counsel for the petitioner and learned Standing Counsel.
Petitioner has filed this petition alleging private respondent No.6 has encroached upon the land of public pond and Bheeta contained in Arazi Nos.249, 251, 252 and 275 Sa situated in Mauja-Horaiya, Pargana-Gopalapur, Tehsil-Madiyahu, District-Jaunpur. He prays for a direction to the respondent No.2 to get such encroachment removed.
There is already a provision contained in section 67 of the U.P. Land Revenue Code-2006 authorizing a person to approach competent authority so to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property. Petitioner is free to approach such authority as prescribed under Section 67. As there is already adjudicatory management system and quasi judicial authority vested in the Assistant Collector, no order is required on the administrative side.
At this stage, learned counsel for the petitioner submits that Lekhpal has already issued recovery certificate under Section 67 (1) of the Revenue Code 2006, date of this recovery certificate is 28.02.2019, but no action has been taken to either recover the amount of recovery certificate or to remove the encroachment. If that be so, petitioner is free to approach the concerned authority of District Magistrate in terms of the provisions contained in Section 67 (5) and bring this aspect to his knowledge that Assistant Collector is acting in collusion with the beneficiary of the encroachment and is not taking concrete action and if petitioner approaches the Collector with such application along with the copy of this order being passed today then Collector shall make an enquiry and get the orders executed expeditiously but not later than thirty days from the production of copy of this order.
With the aforesaid observation, this writ petition is disposed off."
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully 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 one month from the date of production of a copy of this order.
The applicant is directed to submit a copy of this order along with a copy of the order passed by the Writ Court before the opposite party or the person who joined the post in question within a period of two weeks from today. The applicant shall also supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 saqlain