GHANSHYAM GUPTA Vs. BHANU CHANDRA GOSWAMI
LAWS(ALL)-2015-10-262
HIGH COURT OF ALLAHABAD
Decided on October 12,2015

GHANSHYAM GUPTA Appellant
VERSUS
Bhanu Chandra Goswami Respondents

JUDGEMENT

- (1.) Heard learned counsel for the applicant and have perused the record.
(2.) The present contempt petition has been filed for wilfully flouting the judgment and order 4.2.2015 passed by the Hon'ble Division Bench in Public Interest Litigation (PIL) No. 5821 of 2015 (Ghanshyam Gupta Vs. State of U.P. and others.), which is quoted as under: "The petitioner has a grievance that certain lands of Village Danapur, Pargana Anguli, Tehsil Shahganj, District Jaunpur which have been reserved for the public utility have been encroached upon and no action has been taken for the removal of unauthorized encroachment. Section 122-B of the U.P.Z.A. & L.R. Act, 1950 provides a self contained remedy. Hence, we leave it open to the petitioner to move the competent authority, which after due verification of facts, shall take such necessary action as may be warranted in law. The petition is, accordingly, disposed of. There shall be no order as to costs."
(3.) When this order was not complied with the applicant filed Contempt Petition No. 3004 of 2015, which was also disposed of with following observation: "This Court takes very serious view in the matter. The respondent is bound by the order of this Court and in case he does not comply with the directions of the writ court within a period of two months from the date of receipt of this order, without any reasonable cause, the Court would have no option but to proceed against him under the Contempt of Courts Act." It was left open that in case the respondent does not comply with the aforesaid direction, it would be open to the applicant to approach this Court again. ;


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