Allahabad High Court
Arjun Kumar vs Rahul Kumar Gupta,Tehsildar on 29 March, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- CONTEMPT APPLICATION (CIVIL) No. - 784 of 2023
Applicant :- Arjun Kumar
Opposite Party :- Rahul Kumar Gupta,Tehsildar
Counsel for Applicant :- Ravi Kant Singh
Hon'ble Vikas Budhwar,J.
The present contempt petition has been filed alleging non-compliance of the judgment and order dated 19.05.2022 passed in public interest litigation (PIL) No. 725 of 2022 (Arjun Kumar Vs. State of U.P. and 8 others) whereby the fourth respondent, the opposite party herein was directed to conclude the proceedings under Section 67 of the U.P. Revenue Code, 2006 preferably within a period of four months from the date of the production of the certified copy of the order after providing an opportunity of hearing to all parties concerned if there is no legal impediment. When the matter was taken up on the previous occasion on 01.02.2023 the applicant petitioner was required to file a supplementary affidavit for filing the complete order-sheet.
Today a supplementary affidavit dated 13.03.2023 has been filed annexing therewith as Annexure No. '1' at page 6 of the paper book the order sheet of the proceedings wherein at page 8 there is an order dated 30.01.2023 that one of the opposite party in the said proceedings Bhrigu Nath has expired and a report has been sought with regard to the extent and the area of the land which is alleged to have been encroached by the alleged encroachers who have been made respondents/opposite parties in the said proceedings. Though a period of four months have already been passed since 31.05.2022 the date on which service upon the opposite party has been made but this Court is not issuing notices at this stage upon the opposite party but requiring the opposite party to decide the proceedings within a further period of two months from the date of the service of the copy of the order.
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 party to comply with the aforesaid order of this Court within two months from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelop addressed to the opposite party and another self-addressed stamped envelop to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelop of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a record thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
In case the order of the writ court dated 19.05.2022 passed in PIL No. 725 of 2022 remains non-complied with then the applicant shall have liberty to again approach this Court against the non-compliance of the order.
Accordingly, the present contempt petition stands disposed of.
Order Date :- 29.3.2023
Rajesh
