Mahendra Dayal, J. - (1.) I have heard Shri A.K. Bhatnagar, learned counsel for the petitioner and Shri Gaurav Mehrotra, learned counsel appearing for the opposite party No.1 and also perused the record.
(2.) The petitioner Ashutosh Nigam Advocate has filed this application under Section 12 of the Contempt of Courts Act for punishment of the opposite parties as they have willfully disobeyed the order passed by this Court on 02.09.2016 in Writ Petition No.20809 (MS) of 2016.
(3.) It has been submitted by the learned counsel for the petitioner that the petitioner preferred a Writ Petition No.20809 (MS) of 2016 alleging that the Patta of the land in question was granted in favour of B.N. Nigam and S.N. Nigam on 08.05.1964 by the Rent Control and Eviction Officer, Lucknow. After their death, the matter of the petitioner inherited the land in question. The maternal-uncle of the petitioner, namely, B.N. Nigam had executed a Will on 25.09.1991 in his favour. The Lucknow Development Authority on the other hand executed a sale-deed on 07.04.2016 in favour of Lucknow Cooporation while as a matter of fact, the Lucknow Development Authority was neither the owner nor had any right over the land in dispute. In pursuance of the sale-deed executed by the Lucknow Development Authority, the proceedings were initiated against the petitioner under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972. It appears that in the writ petition, the opposite parties raised a preliminary objection regarding the maintainability of the writ petition on the ground that the petitioner had an alternative and efficacy remedy of filing appeal under Section 9 of the aforesaid Act. The writ court, after considering the submissions of the parties, disposed of the writ petition on 02.09.2016 giving liberty to the petitioner to file appeal before the appropriate forum within fifteen days with direction to the appellate authority to decide the same expeditiously in accordance with law. It was further directed that for a period of fifteen days, or till the date of filing the appeal, whichever is earlier, the opposite parties shall not take any coercive measure against the petitioner. The appellate authority was also directed to consider the protection of interest of the petitioner till disposal of the appeal.;