Ramakant Kushwaha And Another vs Ashwani Kumar, Tehsildar
2021 Latest Caselaw 10110 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 356 of 2020
 

 
Applicant :- Ramakant Kushwaha And Another
 
Opposite Party :- Ashwani Kumar, Tehsildar
 
Counsel for Applicant :- Munna Tiwari
 

 
Hon'ble Prakash Padia,J.

Applicant has preferred the present Contempt Application for non-compliance of the final judgment and order dated 25.01.2019 passed in Writ-C No.2808 of 2019 (Ramkant Kushwaha and 23 others Vs. State of U.P. and 2 Others) .

By the aforesaid judgment directions were given to the applicant to file an application under Section 67 of U.P. Revenue Code, 2006 read with Rule 67 of the U.P. Revenue Code Rules, 2016 before the authority concerned. The authority concerned namely Assistant Collector was directed to decide the same within three months. Further observations were made that in case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that encroachment over the Gaon Sabha land are removed within a period of one month thereafter.

Today, when the matter is taken up, an affidavit of compliance has been filed by opposite party annexing the copy of the order passed on the aforesaid application filed by the applicant dated 04.03.2021. It appears from perusal of the same that encroachment were found on the plot in dispute but nothing has been stated in the entire affidavit whether the encroachments were removed or not as stated by Shri D.S. Mishra, learned Standing Counsel.

As prayed three weeks' further time is allowed to the learned Standing Counsel to file a better affidavit.

List in the week commencing 06.09.2021.

In case the judgment and order passed by this Court is not complied with in its letter and spirit, the opposite party or person concerned holding the post of Tehsidar shall remain present in Court.

Order Date :- 11.8.2021

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