Disposes of a contempt application alleging disobedience to a writ order regarding land record correction. Court notes affidavit stating previous order was complied with on 26.11.2018, thus dismissing the application for lack of cause of action.
Petition for contempt dismissed; no initiation of proceedings ordered.
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Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 80 of 2019
Applicant :- Ramashanker Opposite Party :- Suhas L.Y. Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- K.R. Singh
Hon'ble Prakash Padia,J.
List of fresh cases has been revised. Nobody is present on behalf of the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite party for wilful disobedience of the order dated 28.02.2018 passed in Writ B No.3060 of 2018 (Ramashankar Vs. State of U.P. and Others)rchana Vs. State of U.P. and 2 Others). The operative portion of the order is reproduced hereinbelow:-
"The petitioner has preferred this writ petition under Article 226 of the Constitution of India for a direction upon the respondents for correction of the record pursuant to Government Order dated 1.11.2012. The relief sought by the petitioner reads as under:
"i. Issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioner in regard that record of the Consolidation may be entered in the revenue record in compliance of the Government Order dated 01.11.2012."
Learned counsel for the petitioner has drawn my attention to an order dated 6.10.2015 passed by this Court in Writ-B No. 53997 of 2015 (Kalicharan & others v. State of U.P. & others) on somewhat similar facts. Relevant part of the said order reads as under:
"It has been stated that the village has been placed under consolidation operation by notification dated 21.7.1995. Subsequently, the notification dated 21.7.1995 was cancelled by issuing notification u/s 6 dated 2.11.2012. During this period, various orders in the proceeding under Section 9-A as well as Section 12, have been passed and have become final. In view of Section 6(2) of U.P. Consolidation of Holdings Act, 1953, final order relating to correction of land record, passed by the consolidation authorities, is liable to be given effect to. The petitioner has made a representation in this respect, but no order has been passed.
As the petitioner has already filed a representation in this respect, as such, it is appropriate that suitable order be passed on the representation of the petitioner. Without entering into the
controversy raised by the petitioner, the writ petition is disposed of with direction to Collector, district Mahoba to decide the representation of the petitioner, after taking reports from the subordinate authorities expeditiously, preferably within a period of four months from the date of producing a certified copy of this order before him."
Learned counsel for the petitioner submits that the petitioner has also filed a representation before the authority concerned on 9.1.2018 under the registered cover. A copy of the receipt of registered cover is on the record as annexure-5 to the writ petition.
Having due regard to fact that in similar facts and circumstances this Court has issued directions, extracted above, this writ petition is also disposed of in same terms.
No order as to costs."
Today when the matter is taken up, an affidavit of compliance has been filed by Shri K. R. Singh, counsel appearing on behalf of opposite party, which is taken on record. It is stated in paragraph-7 of the affidavit of compliance that the order passed by the writ court has already been complied with on 26.11.2018 in its letter and spirit, therefore, no cause of action remained survive.
In view of the same, the present contempt application is dismissed.
Order Date :- 13.8.2021 Swati
1 issue framed by the court
Whether to initiate contempt proceedings for alleged wilful disobedience of an order directing correction of land records.
Ramashanker
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
