Smt. Rita Devi v. Kamlesh Kumar Singh, UP Ziladhikari

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 8089 of 2023 Applicant :- Smt. Rita Devi Opposite Party :- Kamlesh Kumar Singh, Up Ziladhikari Counsel for Applicant :- Radhey Shyam Maurya Hon'ble Rohit Ranjan Agarwal,J. The writ Court on 25.07.2022 in Public Interest Litigation (PIL) No. 1251 of 2022 passed the following order:- "Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent Gaon Sabha. By means of present writ petition, petitioner has prayed for following relief: "i. Issue order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to dispossess the illegal encroachment of the respondent nos. 5 to 11 from the gaon sabha land in question i.e. nature of Bhita of arazi No. 681 total area 0.6140 hectare and Pokhari of arazi No. 542 total area 2.2140 hectare situated in Mauja Parewa, Post Office Daulatnagar, Tehsil Jakhaniya, District Ghazipur." 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 perusal of the order, it is clear that writ Court had declined to interfere in the matter. As the writ Court had declined to entertain the writ petition, no case for contempt is made out. The contempt application is misconceived and is hereby dismissed. Order Date :- 6.11.2023 V.S.Singh High Court of Judicature at Allahabad