Bahid vs Sanjeev Kumar Yadav, S.D.M.
2021 Latest Caselaw 10111 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 330 of 2020
 

 
Applicant :- Bahid
 
Opposite Party :- Sanjeev Kumar Yadav, S.D.M.
 
Counsel for Applicant :- Mohan Gupta
 

 
Hon'ble Prakash Padia,J.

Heard Shri Mohan Gupta, learned counsel for the applicant and Shri D.N. Mishra, learned Standing Counsel for the opposite party.

Applicant has preferred the present Contempt Application for non-compliance of the final judgment and order dated 31.01.2019 passed in PIL No.198 of 2019 (Bahid Vs. State of U.P. & Others) .

By the aforesaid order the Assistant Collector was directed to decide the proceedings as provided under Section 67 of the U.P. Revenue Code, 2006 read with Rule 67 of the U.P. Revenue Code Rules, 2016.

An affidavit of compliance has been filed by the opposite party. In para 5 of the aforesaid affidavit it is stated that in the proceedings initiated under Section 67 of U.P. Revenue Code it was found that the gata number in question namely gata no.213 was encroached but proceedings could not be undertaken as since the father of the alleged encroacher namely Ram Nakshatra has obtained the positive order regarding the aforesaid Arazi in O.S. No. 31/77. The aforesaid order was passed by the Court of Munsif, Deoria in favour of the father of the alleged encroacher on 25.09.1980.

In this view of the matter, the court is of the opinion that no cause of action survives insofar as the present contempt application is concerned.

Accordingly, the present contempt application is dismissed.

Order Date :- 11.8.2021

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