High CourtsSingle Bench(2022) 03 AHC CK 0052

Ram Chandra vs Desh Deepak, Sub-Divisional Officer,Patti ,Pratapgarh And Another

Allahabad High Court · Decided on 25 March 2022

HON’BLE JUDGES
Alok Mathur, J
RESULT
Dismissed
CASE NUMBER
Contempt Application (Civil) No. 289 Of 2022

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Judgment

7 paragraphs · 273 words

Alok Mathur, J

1.

Heard Sri Dinesh Kumar Ojha, learned counsel for applicant as well as Sri Mohit Jauhari, learned counsel for respondent.

2.

Learned counsel for respondent submits that by means of order of the writ court dated 03.11.2020 passed in Writ Petition No. 19068 (MS) of 2020, this Court had directed the Tehsildar, Patti, Pratapgarh to imitated proceedings under Section 67 of the U.P. Revenue Code against all persons responsible for encroaching upon Gaon Sabha land and after giving due opportunity of hearing pass appropriate orders for removal of the encroachment within a period fo six months from the date a copy of that order was produced before the authority concerned.

3.

Learned counsel for respondent has produced a written instructions received from S.D.M., Patti, Pratapgarh indicating therein that the proceeding under Section 67 of the U.P. Revenue code have been concluded by means of order dated 02.08.2021. It has been stated that against the order dated 02.08.2021, the aggrieved persons had moved an application for recall which has also been dismissed by means of order dated 21.03.2022. A copy of the instructions has been produced before this Court which is taken on record.

4.

Considering that the respondents have concluded the proceeding under Section 67 of the U.P. Revenue Code, it cannot be said that the respondent now runs in contempt of the order passed by the writ Court. Accordingly, the contempt petition is dismissed.

5.

However, respondents are directed to proceed against the encroachers as per the findings recorded by the Tehsildar, Patti, Pratapgarh expeditiously, say, within a period of four weeks from today.

6.

Notices issued are discharged.