Mithilesh Kumar v. Kamal Kumar,Tehsildar

Court No. - 9 Case :- CONTEMPT APPLICATION (CIVIL) No. - 8805 of 2023 Applicant :- Mithilesh Kumar Opposite Party :- Kamal Kumar,Tehsildar Counsel for Applicant :- Jitendra Yadav Hon'ble Rohit Ranjan Agarwal,J. The writ Court on 29.08.2022 in Public Interest Litigation (PIL) No.1515 of 2022 had passed the following order:- "Heard learned counsel for the parties. 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-authorities to make eviction of respondent nos. 6 and 7 over the Arazi No. 255 area 0.055 hectare recorded as Rasta (Public Way) in Village Saray Sagar, Gram Panchayat-Khutiya, Tehsil-Nizamabad, District-Azamgarh, within stipulated period." Learned Standing Counsel has 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 26 read with 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 26 read with 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 Court had declined to interfere in the matter. Once, the writ 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 :- 6.12.2023 SK Goswami High Court of Judicature at Allahabad