MAHESH CHANDRA TRIPATHI,J. - (1.) Heard learned counsel for the applicant.
(2.) The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 22.05.2013 passed in Writ-C No.67109 of 2012 (Ram Bhawan v. State of U.P. and Ors.). The order dated 22.05.2013 is quoted as under:- "Writ petition is allowed. For orders, see order of date passed in Writ C No. 8983 of 2012 (Ram Singh and others Vs. State of U.P. and others)."
(3.) For ready reference, the relevant extract of the order dated 22.05.2013 passed in Writ C no.8983 of 2012 (Ram Singh and others vs. State of U.P. and others) is quoted as under:- "In view of the aforesaid discussions and examination of various aspects in various judgments it is clear that if proceedings have started by sending notice against the dead person at any stage then that will not divest the landholder of his rights. There has to be proper service as provided under Section 10(5) of the Act. There has to be proper service under Section 10(6) of the Act. Required procedure has to be followed. Possession is to be taken by the competent authority. Possession has to be actual physical and not symbolic. Mere change in the entry is also not the enough proof of dis-possession. The effect of the Repeal of the Principal Act is so clear and loud which permits the rights with the landholders if actual physical possession has not been taken over by the State or by any person duly authorized by the State Government in its behalf after due notice and service in accordance with law. ;