Kamlesh Kumar v. Shri Anuj Singh, Collector/ D.M. Sitapur and Others

Neutral Citation No. - 2024:AHC-LKO:34455

Court No. - 8

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1426 of 2024

Applicant :- Kamlesh Kumar Opposite Party :- Shri Anuj Singh, Collector/ D.M. Sitapur And Others Counsel for Applicant :- Anamika Tiwari Counsel for Opposite Party :- Arvind Kumar,Arvind Kumar

Hon'ble Rajeev Singh,J.

1. Affidavits filed by learned counsel for respondent no. 04 and learned counsel for the applicant are taken on record.

1. Heard learned counsel for the parties.

1. The instant contempt application has been filed for initiating the contempt proceedings against the contemnors/respondents and for punishing them for deliberately and willfully disobeying and flouting the order dated 19.10.2023 passed in Writ-C No. 9172 of 2023.

1. It is informed by learned counsel for the parties that an order was passed by the Tehsildar in favour of Munna- respondent no. 04 who was allowed to keep the possession of Gata No. 117 which was recorded as 'Banzar' land in the revenue record. It is further informed that respondent no. 04 claimed that lease was allotted in favour of his predecessor in the year 1968, and one revision i.e. Revision No. 16 (State of U.P. vs. Munna) was filed under Sections 122-B(A)/333 U.P. Z.A. Act, which was allowed by the Collector, Sitapur on 10.12.2012 on the ground that respondent no. 04 failed to place the lease as claimed by him, thereafter, ceiling procedure has been adopted by the revenue authorities and the property was in possession of the authorities. Against the aforesaid order, Writ Petition No. 4152 (M/S) of 2013 was filed by respondent no. 04, which is pending, therefore, appropriate action under Section 67 of U.P. Revenue Code is not being taken.