Deo Prasad Dubey @ Deva Prasad Dubey v. Sri Narendra Singh Patel, D. M. , Ghazipur
2015-11-26
VIVEK KUMAR BIRLA
body2015
DigiLaw.ai
JUDGMENT Vivek Kumar Birla, J. Heard learned counsel for the applicant. 2. The applicant is alleging willful disobedience of the judgment and order dated 26.2.2015 passed by this Court in Public Interest Litigation No. 11857 of 2015 wherein this Court has observed as under : - "The grievance of the petitioner, who is a resident of Mohalla Sikandarpur, District Ghazipur, in regard to an alleged encroachment, can be suitably redressed in accordance with law by the Executive Engineer of the Nagar Palika Parishad, Ghazipur. Hence, we direct that, in the event, the petitioner or any other resident brings facts to the notice of the third respondent under the U.P. Regulation of Building Operations Act, 1958, the authority may examine the grievance and thereafter determine what, if any, action needs to be taken in accordance with law. We clarify that we have not made any finding in regard to the allegation of unauthorised encroachments since we have left it open to the authority to make a factual determination and with due notice to all the affected parties. In the event of any breach or inaction of the third respondent, it will be open to the petitioner to move the District Magistrate concerned. The petition is, accordingly, disposed of. There shall be no order as to costs." 3. It is stated that in spite of service upon the opposite party, no order has yet been passed. 4. Prima facie, a case has been made out for punishing the opposite party for willful disobedience of the judgment and order dated 26.2.2015 passed in the aforesaid writ petition. 5. However, no notice is issued to the opposite party at this stage. The opposite party is granted three months further time to comply with the judgment and order dated 26.2.2015 passed by this Court in Public Interest Litigation No. 11857 of 2015 from the date of receipt of certified copy of this order. 6. In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again. 7. With the aforesaid observations, this application is finally disposed of at this stage.