Disposed

Shakeel Ahmad v. Sri Gaurav Singh Sobarwal, S.D.M. and Another

Allahabad HC2 Mar 2020CAPL/1430/2020

Case brief

AI extract

What is this about?

This court granted an opportunity to the opposite parties to comply with a prior order removing unauthorized encroachers within three months. An application for initiating contempt proceedings was disposed of with liberty to file a fresh application if the order remains uncomplied with.

What did the court decide?

Three months to comply with the prior order; liberty to file fresh contempt application if not complied.

Shakeel Ahmad Vs Sri Gaurav Singh Sobarwal, S.D.M. and… — Contempt of Court | Allahabad HC (2020)

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Court No. - 36

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 1430 of 2020

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Applicant :- Shakeel Ahmad Opposite Party :- Sri Gaurav Singh Sobarwal, S.D.M. And Another Counsel for Applicant :- Harish Kumar Tripathi

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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 applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 27.5.2019 passed in PIL No.1015 of 2019 (Shakeel Ahmad v. State of U.P. & Ors.), which for ready reference is quoted as under:-

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"By means of this writ petition, the petitioner has sought a writ of mandamus commanding the respondent nos. 2 and 3 to take action for removal of unauthorized encroachers over plot Arazi No.1359 are 0.0360 hectare which was recorded as Banjar.

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Learned Standing Counsel was directed by this Court to have instruction in the matter.

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Today, learned Standing Counsel has placed instruction before this Court that under the order passed by the Sub-Divisional Magistrate, Sadar, Gorakhpur, a case for removal of unauthorized encroachment has been instituted against all the unauthorized encroachers in respect of land in question taking recourse to the provisions as contained under Section 67(1) of U.P. Revenue Code, 2006 and which has been registered as Case No. T201905310310996 and in which date fixed is 10.06.2019 for the aggrieved parties to put in appearance and file their response.

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In view of the above facts and circumstances of the case, no more any relief can be granted and since the encroachment is an issue between the State/ Gaon Sabha and the persons who had encroached upon, it is expected that the proceedings shall be concluded as expeditiously as possible by the State authorities, of course by affording due opportunity of hearing to the persons who have encroached upon the land in question.

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Writ petition is accordingly disposed of and consigned to records."

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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, 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 three 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 three weeks from today.

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The office shall send a copy of this order along with the selfaddressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant 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 :- 2.3.2020 SP/

Shakeel Ahmad v. Sri Gaurav Singh Sobarwal, S.D.M. and Another

Case brief

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Shakeel Ahmad v. Sri Gaurav Singh Sobarwal, S.D.M. and Another

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