Upadesh Singh v. Susheel Kumar, Tehsildar

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 7564 of 2023 Applicant :- Upadesh Singh Opposite Party :- Susheel Kumar, Tehsildar Counsel for Applicant :- Udai Prakash Deo Pandey Hon'ble Rohit Ranjan Agarwal,J. The writ Court on 28.07.2022 in Public Interest Litigation (PIL) No.1243 of 2022 had passed the following order. "Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Pradeep Singh, learned counsel for the respondent Gaon Sabha. By means of present writ petition, petitioner has prayed for following relief: "i. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 1 to 6 to remove the illegal encroachment over the plot no. 505, area 0.106 hectare which is recorded as Navin Parti of the Gram Sabha Maddhupur, Pargana Ahraura, Tehsil Robertsganj, District Sonbhadra and the respondent nos. 7 to 11 may be evicted from the plot in question." Learned counsel for the Gaon Sabha as well as learned Standing Counsel have raised a preliminary objection regarding maintainability of the writ petition on the ground that petitioner has efficacious alternative remedy to approach revenue authority under Section 67 of the U.P. Revenue Code, 2006. Learned counsel for the petitioner could not dispute the aforesaid legal position. In view of above, this Court declines to interfere in the matter at this stage with liberty to the petitioner to approach appropriate forum under Section 67 of the U.P. Revenue Code, 2006. It is provided that in the event petitioner approaches the appropriate forum by moving application within a period of four weeks from today, the same shall be considered and disposed by the concerned authority strictly in accordance with law by following the procedure as prescribed for under U.P.Revenue Code, 2006, and the Rules 2016 after affording full opportunity of hearing to all the concerned parties within a further period of two months, strictly in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of." From the perusal of the aforesaid order, it is clear that the writ Court had declined to interfere in the matter. Once, the Court had declined to interfere in the matter, no case for contempt is made out. Contempt application is misconceived and the same stands dismissed. Order Date :- 13.10.2023 SK Goswami High Court of Judicature at Allahabad