Durga Vijay Bharti vs Sri Arun Kumar, D.M. And Another
2023 Latest Caselaw 14838 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102544
 
Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6821 of 2022
 

 
Applicant :- Durga Vijay Bharti
 
Opposite Party :- Sri Arun Kumar, D.M. And Another
 
Counsel for Applicant :- Durga Tiwari
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Supplementary affidavit filed today is taken on record.

The writ Court on 05.03.2022 in Public Interest Litigation No. 263 of 2022 passed the following order;

"Heard counsel for the parties.

The petitioner has approached this Court praying for a writ of mandamus directing the respondents to remove the illegal encroachments made by the private respondents over Plot Nos. 414, 416, 419 and 420 which the petitioner alleges to have vested in the Gaon Sabha and also with a prayer to direct respondent Nos. 2 and 3 to decide the application of the petitioner for removal of the encroachment over the aforesaid plots.

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 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."

From perusal of the affidavit filed to the contempt application, this Court finds that no disclosure of credentials of the applicant has been given. The PIL has not been filed by the Land Management Committee nor any proceedings had been initiated at the behest of Pradhan or Land Management Committee of the village concerned.

In view of the judgment of Apex Court in case of State of Uttaranchal Vs. Balwant Singh Chaufal & Ors., 2010 AIR SCW 1029, present contempt proceedings are not maintainable.

Dismissed, accordingly.

Order Date :- 11.5.2023

Shekhar