Disposed

Ravindra Kumar Patkar v. Doctor Mannan Akhtar, D.M. Jalaun and 3 Others

Allahabad HC6 May 2019CAPL/1554/2019

Case brief

AI extract

What is this about?

In a contempt application, the Court prima facie found a case of contempt for wilful non-compliance with a PIL order regarding encroached pond land. The Court afforded the opposite parties a final opportunity to comply within two months, directing the applicant to serve the order via registered post. Liberty was granted to file a fresh application if compliance fails.

What did the court decide?

Two-month extension granted to comply with PIL order; applicant to serve order via registered post; liberty to file fresh application if compliance fails.

Ravindra Kumar Patkar Vs Doctor Mannan Akhtar, D.M… — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1554 of 2019 Applicant :- Ravindra Kumar Patkar Opposite Party :- Doctor Mannan Akhtar, D.M. Jalaun And 3 Others Counsel for Applicant :- Arun Kumar Tiwari

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the applicant.

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The impleadment application is allowed. Let necessary impleadment be carried forthwith.

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By order dated 6.11.2017 passed in Public Interest Litigation (PIL) No.63853 of 2008 filed by the applicant, the Court directed as under:

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"2. The grievance of petitioner is that certain land, which was recorded as Pond in revenue records, has been encroached upon by private persons and no effective measures have been taken by official-respondents to get the said land cleared from encroachment and restore the position of Pond in fact as well as in revenue record.

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Counter affidavit has been filed on behalf of respondents-2 and 3 in which it is stated that appropriate proceedings have been initiated for ejectment which are pending. This matter is pending for the last about nine years. Though it is not doubted that when a procedure is prescribed in law then such procedure cannot be directed to be obviated in a writ petition filed as Public Interest Litigation since that procedure has to be followed by respondents for ejectment of persons who have illegally encroached upon Pond but then it has also to be kept in mind that proceedings must be conducted in a most sincere and serious manner for expeditious disposal and not to keep the proceedings pending for years together making these proceedings only an eye-wash. We, therefore, direct the authorities concerned to ensure end result of proceedings at an early date, and, in any case within six months from the date of production of a certified copy of this order and every authority shall ensure completion of proceedings in accordance with law so as to ensure restoration of Pond in fact as well as in revenue record without any further delay.

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Action taken report in the light of above directions shall be submitted by District Magistrate, Jalaun at Orai within 15 days after expiry of aforesaid period of six month. For all other purposes, this writ petition is disposed of with the above directions."

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Learned counsel for the applicant submits that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

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Prima facie a case of contempt has been made out. However,

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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 within two months from the date of production of a certified copy of this order.

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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 selfaddressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.

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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.

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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.

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Order Date :- 6.5.2019 RKP

Ravindra Kumar Patkar v. Doctor Mannan Akhtar, D.M. Jalaun and 3 Others

Case brief

What is this about?

What did the court decide?

Ravindra Kumar Patkar v. Doctor Mannan Akhtar, D.M. Jalaun and 3 Others

Case brief

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What did the court decide?

What the court decided

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