Disposed

Paras Nath Singh v. Bhawani Singh Khangraut, D.M.

Allahabad HC29 Apr 2019CAPL/1956/2019

Case brief

AI extract

What is this about?

An application seeking initiation of contempt proceedings for non-compliance of a prior order directing inquiry and removal of encroachments under the Uttar Pradesh Revenue Code. The court granted one final opportunity to the newly impleaded opposite party to comply before initiating punishment.

What did the court decide?

Allowed impleadment of Dushyant Maurya. Granted him three weeks to comply with the earlier order. Liberty to file fresh contempt application if not complied with.

Paras Nath Singh Vs Bhawani Singh Khangraut, D.M. — Contempt of Court | Allahabad HC (2019)

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Court No. - 10

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1956 of 2019

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Applicant :- Paras Nath Singh Opposite Party :- Bhawani Singh Khangraut, D.M. Counsel for Applicant :- Kamalesh Singh

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Hon'ble Mahesh Chandra Tripathi,J.

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In Re: Impleadment Application

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This is an application seeking impleadment of Sri Dushyant Maurya, Sub Divisional Magistrate/Assistant Collector, Tehsil Rasra, District Ballia as opposite party no.2.

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Application is allowed.

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Let the necessary impleadment be carried out forthwith

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In Re: Contempt Application

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Heard learned counsel for the applicant.

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The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 19.07.2018 passed in Public Interest Litigation No.3948 of 2018 (Paras Nath Singh vs. State of U.P. and others). For ready reference, the relevant extract of order dated 19.07.2018 is quoted as under:-

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"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 plot 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 plot, on receiving the aforesaid representation shall inquire 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.

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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."

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Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents 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, considering the facts and circumstances of the case, one more opportunity is afforded to the newly impleaded opposite party to comply with the aforesaid order of the Court within three weeks 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 newly impleaded opposite party and another self-addressed 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 newly impleaded opposite party within one week thereafter and keep a recorded thereof.

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The newly impleaded opposite party shall comply with the directions of the writ court and intimate the applicant 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 newly impleaded opposite party within the stipulated time as aforementioned.

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Order Date :- 29.4.2019 A. Pandey

Paras Nath Singh v. Bhawani Singh Khangraut, D.M.

Case brief

What is this about?

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Paras Nath Singh v. Bhawani Singh Khangraut, D.M.

Case brief

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