Allahabad High Court
Gurmeet Singh vs Indrakant Dwivedi, S.D.M. And 2 Others on 30 September, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4646 of 2019 Applicant :- Gurmeet Singh Opposite Party :- Indrakant Dwivedi, S.D.M. And 2 Others Counsel for Applicant :- Vinod Kumar Upadhyay,Santosh Kumar Upadhyay Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
By order dated 2.4.2019 passed in Writ C No.11158 of 2019 filed by the applicant, the Court directed as under:
"When certain co-sharers had died, the land was made to vest in the State under section 194 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 by an order dated 31.8.2016. The grievance of the petitioners is that in the garb of vesting the land in the State which happened on account of death of some of the co-sharers of the petitioners, the land of the petitioners was also being taken away.
Matter requires consideration.
Learned Standing Counsel appearing for the respondents may file counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List thereafter.
Until further orders, status-quo as of today, shall be maintained."
Earlier the matter was taken up on 6.8.2019 and on the said date the Court had asied learned Chief Standing Counsel for seeking instructions in the matter.
On the matter being taken up today, Shri Apurva Hajela, learned Standing Counsel has placed the detailed instructions dated 27.9.2019 sent by the Sub Divisional Officer, Tehsil Jansath, District Muzaffarnagar and the same is taken on record. A copy of the instruction is given to learned counsel for the applicant.
Learned Standing Counsel has placed reliance on paras 12, 13, 14 and 15 of the instruction, wherein it has been stated that presently the land in dispute is vacant. The applicant preferred an appeal against the order dated 31.8.2016 passed by the Sub Divisional Officer, Jansath under Section 194 of UP ZA & LR Act before the Commissioner, Saharanpur Division, Saharanpur and the same was dismissed on 25.8.2017. The aforesaid orders have been assailed before this Court in Writ Petition Nos.41985, 41986, 41987, 41988, 41989 and 41990 of 2017 in which the status quo orders have been passed on 20.9.2017 and 2.4.2019 and on spot the status quo is being maintained. The objection has also been raised in paras 13 and 14 indicating therein that in compliance of the order of the Appellate Authority dated 25.8.2017 the administration has already taken possession of the disputed land way back on 2.9.2017.
In the facts and circumstances, the Court is not inclined to proceed in the matter under Contempt of Courts Act.
The contempt application is dismissed. However, it is always open to the applicant to agitate his rights qua the land in dispute before the Writ Court.
Order Date :- 30.9.2019 RKP