Mahendra Pandey vs Ram Pyare
2018 Latest Caselaw 2809 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4981 of 2018
 

 
Applicant :- Mahendra Pandey
 
Opposite Party :- Ram Pyare
 
Counsel for Applicant :- Juned Alam
 

 
Hon'ble Manoj Kumar Gupta,J.

Under order of writ Court, the opposite party was required to enquire into the allegations of illegal encroachment over Gaon Sabha land and take action within three months.

Sri P.K. Giri, learned Additional Chief Standing Counsel, on instructions from opposite party, states that five persons were found to have encroached over Gaon Sabha land recorded as haat (bazar) and consequently, eviction orders were passed against them in proceedings under Section 67 of the U.P. Revenue Code, 2006 and the order has also been implemented by demolishing the unauthorised constructions. The photographs evidencing demolition of the constructions has also been placed for perusal of this Court.

Counsel for the applicant submitted that although unauthorised constructions have been demolished, but the malwa is still lying on the spot and has not been removed and thus, the land reserved for haat could not be used for the aforesaid purpose.

Sri P.K. Giri, learned Additional Chief Standing Counsel states that the malwa would be removed within a week.

Having regard to the undisputed fact that the Gaon Sabha land had been made rid of illegal encroachment, the proceedings are dropped at this stage. However, as per the undertaking given to this Court, the opposite party shall ensure removal of malwa within a week.

The contempt application stands disposed of accordingly.

(Manoj Kumar Gupta, J.)

Order Date :- 25.9.2018

AM/-