Allahabad High Court
Rampati Ram vs K. Balaji, District Magistrate And ... on 13 September, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 5655 of 2019 Applicant :- Rampati Ram Opposite Party :- K. Balaji, District Magistrate And Another Counsel for Applicant :- Kamlesh Kumar Yadav Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 7.9.2018 passed in Writ C No.30365 of 2018 filed by the applicant, the Court directed as under:
"It would serve no purpose to keep the writ pending. The District Magistrate, Ghazipur i.e respondent no. 2 is directed to decide the said representation dated 14.8.2018 submitted by the petitioner within a period of one month from the date a certified copy of this order is produced before him and in case the allegations made by the petitioner are found to be true, the District Magistrate shall ensure that respondent nos. 6 to 11 are evicted from the plot in pursuance to the order dated 23.7.2010 passed by the Assistant Collector under Section 122-B of the Act, 1950 within a period of one month thereafter unless there is any legal impediment in the implementation of the aforesaid order.
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."
Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties and the proceeding has been finalized under Section 122B of UP ZA & LR Act. The Competent Authority found that there is encroachment over the public utility land but on the spot the exercise of eviction of the incumbents, who have encroached upon the land, has not been ensured by the opposite parties and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
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 parties to comply with the aforesaid order of the Court, in case there is no other legal impediment in the matter, within one month from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped 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 recorded thereof.
The opposite parties shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 13.9.2019 RKP