Allahabad High Court
Babu Ram vs Satya Prakash Singh, S.D.O. on 1 August, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4751 of 2019
Applicant :- Babu Ram
Opposite Party :- Satya Prakash Singh, S.D.O.
Counsel for Applicant :- Vijay Kumar Dubey
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 15.03.2019 passed in Writ-C No.9173 of 2019 (Babu Ram v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner and learned Standing Counsel, who represents the respondent nos.1, 2, 3 and 4.
With the consent of learned counsel for the parties, the writ petition is disposed of.
Learned counsel for the petitioner has submitted that the respondent no.6, Kanhaiya Yadav has illegally encroached the Gaon Sabha property which is a pond land being Gata No.102 area 0.1050 hectare recorded as 'Gadahi' in the revenue record situates at Village Navipur Tappa Ujiyar, Pargana Maghar Purab, Tehsil Khalilabad, District Sant Kabir Nagar.
In this regard, there are series of judgments of the Hon'ble Supreme Court as well as this Court that no land which is meant for public utility or particularly no part of any 'Gadahi' can be encroached by any one.
In view of the aforesaid, the writ petition is disposed of by directing the respondent no.3, Sub-Divisional Officer, Tehsil Khalilabad, District Sant Kabir Nagar to enquire into the matter and in case, if there is any encroachment by respondent no.6 on the property mentioned hereinabove, the illegal encroachment should be removed forthwith without any delay, strictly in accordance with law.
With the observation above, the writ petition is 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 :- 1.8.2019
SP/
