Allahabad High Court
Ram Nihora Yadav vs Farid Ahmad Khan, Tehsildar on 9 July, 2019
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4072 of 2019
Applicant :- Ram Nihora Yadav
Opposite Party :- Farid Ahmad Khan, Tehsildar
Counsel for Applicant :- Juned Alam
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 14.02.2019 passed in Public Interest Litigation (PIL) No.68 of 2019 (Ram Nihora Yadav v. State of U.P. & Ors.), which for ready reference is quoted as under:-
"Heard learned counsel for the petitioner as well as Sri Alok Sharma, learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel appearing for the respondent no. 4 - Gaon Sabha.
Present writ petition has been filed seeking a direction to the respondents no. 2 and 3 or to any other competent authority to decide the representation of the petitioner dated 20.12.2018 and ensure the eviction of the respondents no. 5 and 6 from the disputed land plot no. 179 area 0.0160 Hectare (Maternal Child Centre) situated at Village Seorahi, Pargana Sidhuva Jobna, Tehsil Tamkuhiraj, district Kushinagar, which is earmarked as "Maternal Child Centre" and to remove the illegal encroachment and construction so raised by the respondents no. 5 and 6 over the disputed land after initiating the proceeding prescribed under the Land Revenue Code, 2006, within the period so stipulated by this Court in the ends of justice to the public at large and to preserve the public property.
Pursuant to the order of this Court, Sri Nand Lal Maurya, learned Standing Counsel has produced a copy of the instructions dated 10.2.2019, which is taken on record. According to the instructions, proceedings under Section 67 of the U.P. Revenue Code, 2006 have already been initiated against the encroachers.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector shall pass appropriate orders within a period of three months from the date of production of a certified copy of this order. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, 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 three 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 :- 9.7.2019
SP/
