NARVADA DHURIYA v. PAWAN KUMAR SINGH TEHSILDAR TEHSIL PATTI DISTRICT PRATAPGARH U.P.
CAPL/916/2025 · 2025-04-07
Ashwani Kumar Mishra
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 131154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131154 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19233 Court No. - 16 Case :- CONTEMPT APPLICATION (CIVIL) No. - 916 of 2025 Applicant :- Narvada Dhuriya Opposite Party :- Pawan Kumar Singh Tehsildar Tehsil Patti District Pratapgarh U.P. Counsel for Applicant :- Rajesh Kumar Dhuriya,Anil Kumar Nishad Hon'ble Ashwani Kumar Mishra,J.
1. This contempt petition has been filed alleging disobedience of the order dated 13.9.2024, passed by this Court in Public Interest Litigation (PIL) No.782 of 2024, wherein allegation is that private respondents have encroached upon the land in the management of Gaon Sabha, which is recorded in the revenue records as Navin Parti. Direction has been issued that in the event an application is made, the same shall be considered and decided, expeditiously. 2. Pursuant to the order passed by writ Court dated 13.9.2024, a representation allegedly has been sent by post on which certain reports have been called for. It is thereafter that the contempt petition has been filed stating that the order of writ Court has not been complied with. 3. Section 67 of the U.P. Revenue Code, 2006 deals with an exigency where damages, misappropriation and wrongful occupation of Gaon Sabha property takes place. Sub-section (1) of Section 67 of the Code, 2006 specifies the exigency whereafter the Assistant Collector upon being satisfied with regard to State property being damaged or misappropriated is required to issue notices to the person concerned and thereafter the detailed procedure has been laid down in which such grievance is to be considered. Further enquiry in the matter is required to be conducted in accordance with Rule 67 of the U.P. Revenue Code Rules, 2016. Rule 67(6) provides that the Assistant Collector shall make an endeavor to conclude the proceeding under section 67 of the Code within the period of ninety days from the date of issuance of the show cause notice. 4. In the facts of the case, it appears that even notices have not been issued to the alleged encroached. Only some enquiry has been ordered in the matter. At this stage, it cannot be said that there is any act of contempt committed by the opposite party,
inasmuch as no act constituting deliberate or intentional default on part of the opposite party is shown to have occasioned. Filing of the contempt petition, at this stage, therefore, is not countenanced.
This is particularly so, as the procedure laid down in the Act and Rules itself grants more time to the concerned authority to deal with the matter. This Court, therefore, declines to initiate any contempt proceedings against the opposite party, at this stage. 5. It is, however, provided that in the event order passed in the present contempt petition is brought to the notice of the opposite party, he shall ensure that appropriate steps, as are warranted under Section 67 of the U.P. Revenue Code, 2006 read with Rule 67 of the Rules, 2016, are undertaken without any unnecessary loss of time and the proceedings are concluded in the manner stipulated in the rules. 6. Contempt petition, accordingly, is consigned to records. Order Date :- 7.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench