The Allahabad High Court has dismissed an application filed pleading wilful disobedience of the order dated on May 28, 2014 passed by the Court alleging that the said order has been violated by the opposite parties as the encroachment over the Gaon Sabha land has not been removed.
A Single Bench of Justice Salil Kumar Rai passed this order while hearing a Contempt Application filed by Shiv Shankar.
The Court said that,
No wilful disobedience of any order passed by the Court can be imputed to the opposite parties.
The applicant may exercise other remedies available to him under law for removal of encroachments over Gaon Sabha plot.
It is not a case for registering proceedings under the Contempt of Courts Act, 1971.
It has been pointed out by counsel for the applicant that in his report dated 30.09.2022, the Lekhpal has reported that the details of plot nos 47 and 48 have been wrongly entered in the revenue records and the said plots should have been recorded as drainage, therefore, the Lekhpal has recommended correction of revenue entries.
It is on the aforesaid plea that the counsel for the applicant pleads that the opposite parties have willfully disobeyed the orders passed by the Court by not removing the encroachments as recommended by the concerned Lekhpal.
The Court observed that,
Unless the revenue entries are corrected under Section 38 of the Uttar Pradesh Revenue Code, 2006, the persons in possession of the plot nos 47 and 48 cannot be considered as encroachers because encroachments can be removed under Section 67 of the Uttar Pradesh Revenue Code, 2006 only on the basis of entries in the revenue records.
The contempt application appears to be a case of arm twisting and a means to harass the persons who are in possession of the plots. The application is a misuse of the process of Court.
The Court dismissed the application with a cost of Rs 50,000, which shall be recovered from the applicant as arrears of the land revenue by the Collector, Allahabad within one month from today and the Collector shall report to the Court.