AMOD KUMAR Vs. UMADHAR DWIVEDI D M BULANDSHAHR

JUDGEMENT

(1.) RAKESH Tiwari, J. This contempt petition has been filed alleging non-compliance of the order and judgment dated 6-3- 2003 passed in Civil Misc. Writ Petition No. 10462 of 2003.

(2.) BY the aforesaid order and judgment dated 6-3-2003 the petition was disposed of with a direction to the respondent to provide police security to the petitioners.

(3.) KISHAN Lal gave an application on 23-4-2001 before the District Magistrate, Bulandshahar complaining that the applicants want to encroach over his land. The District Magistrate, Bulandshahar on 5-5-2001 directed the SDO to enquire and report. Accordingly, the SDO submitted his report on 11-5- 2001 to the District Magistrate, Bulandshahar stating therein that the applicants are in possession over the land. KISHAN Lal is neither in possession nor he has any right over the land. It is further alleged that KISHAN Lal tried to initiate proceedings under Section 145 Cr. PC before the Sub-Divisional Magistrate, Shikarpur, District Bulandshahar. Again the matter was enquired through the Station Officer, Police Station Chhatari, District Bulandshahar and thereafter, who found that there is no apprehension of breach of peace as the applicants are in actual possession over the land and KISHAN Lal had no right over it and further that the applicants are cultivating the land and the application of KISHAN Lal dated 23-4-2001 was rejected on 11-5- 2001. Another applicants made by KISHAN Lal dated 25-11-2002 also met the same fate and thereafter, an enquiry was got conducted through the SDM Shikarpur who submitted his report dated 30/11/4-12-2002 to the District Magistrate, Bulandshahar confirming that the applicants are recorded owners and are in possession of the land and further that KISHAN Lal had died at Delhi and in village he has no heirs and recommended for necessary police help to the applicants. It appears that on the aforesaid report of the SDM dated 4-12-2002 the District Magistrate passed the order dated 12-12- 2002 directing the SSP to provide all help to the applicants so that they cultivate their and. It is admitted in para 9 of this contempt application that KISHAN Lal with whom there was litigation died long back on 9- 8-2002 at Delhi leaving behind him no heir. It is also alleged that certain anti social elements are not permitting the applicants to cultivate their land. This compelled the applicants to file Civil Misc. Writ Petition No. 10462 of 2003 in which the aforesaid order dated 6-3-2003 has been passed. It is submitted that the District Magistrate personally accepted the representation and called for the record of the case but he has not passed any order on the representation of the petitioner for providing police help.