Parivartan Singh and Another v. Ajay Kumar Singh, S.D.M and Another

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 8782 of 2023 Applicant :- Parivartan Singh And Another Opposite Party :- Ajay Kumar Singh, S.D.M And Another Counsel for Applicant :- Shri Prakash Dwivedi Hon'ble Rohit Ranjan Agarwal,J. The writ Court on 19.07.2022 in Public Interest Litigation (PIL) No.1177 of 2022 had passed the following order:- "By means of present writ petition, petitioners have prayed for following relief: "1. issue a writ, order or direction in the nature of mandamus, commanding/directing respondent nos.5 to 9 to remove the illegal encroachment over the Khata no.00443 recorded as Bandh area 10.1440 hectare and Khata number 00442 recorded as Bheeta area 0.7770 hectare, which are situated at village-Purkhas, Pargana-Barhar, Tehsil-Ghorawal, District-Sonbhadra and decide the application dated 16.02.2022 which is pending before District Magistrate, Sonbhadra." Sri Pradeep Singh, 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 court 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 petitioners to approach appropriate forum under Section 67 of the U.P. Revenue Code, 2006. It is provided that in the event petitioners approach 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. As the writ Court had declined to interfere in the matter, present contempt application is misconceived and the same stands dismissed. Order Date :- 5.12.2023 // SK Goswami High Court of Judicature at Allahabad