Allahabad High Court
Narendra Prasad Pandey vs Sri Asharam Sharma S.D.M. on 13 July, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2334 of 2021
Applicant :- Narendra Prasad Pandey
Opposite Party :- Sri Asharam Sharma S.D.M.
Counsel for Applicant :- Amit Kumar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the applicant.
The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 14.10.2020 passed by this Court in Public Interest Litigation (PIL) No. 1102 of 2020 wherein this Court has observed as under :-
"It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. 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 stated that in spite of service upon the opposite party, no order has yet been passed. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 14.10.2020 passed in the aforesaid writ petition.
However, no notice is issued to the opposite party at this stage. The opposite party is granted two months further time to comply with the judgment and order dated 14.10.2020 passed by this Court in Public Interest Litigation (PIL) No. 1102 of 2020.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed 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 the order through the self-addressed envelop within a week thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 13.7.2021
Abhishek
